
















C.-^' .0-. 

) c? 




? -V 

-n*;. ' 

% *- 

1 *- " * '^> ^ ' xO'^ . 



<0c> 

\ 



^ .'^' <P, = V/ j 3 & W * 

V. ^ .-r * '• '-^ ‘S'^ -I 



?5 





'O' '°.t ♦ 3 N 0 ’ \'^ 


cK *' ^ rv ’ 

Oi - s 



c“- yj^' ■"^'■^ 

,. c«rO\Vo. x/ “3 







.0 O 


.0 


O^ '» 

® v' '^9 "• 

i 

<.^ .A ^r» ^ 



0 « V 


o. • 




\0°< 


vV 


» <. , ^°t. ^ * ■) N “ ' \' 

'^y, V \> » 'I * » 

t ^x/- aX’ * 

^ \ 



i C 
> 

y ' 'Xi' 4 -* « ^• 

''O ' j» ^ C-»' 

s-y. 

« ^r. \\’ *5^' 


^ ^ 


" '-^y^ ° X i?^'F * V, 

'-If., s^'t' . _ 

v'i-' sO^Ll^ cO’ ^ 

■9 




'bo'' r 




/>!. "■ -be. c,'^ * 

^•^'m ° : <r 5 V - y 'f ^ 1 

z Z _ z ^ •'i. " .-. aV </>„ 1 “ c' 5 <<. 


O ’* y 

,4> ''b. 

\ v^ : - '"o o'' 

" -,/^'ffl * 4 O o * 

>■ •> X -<■ ' ■^- ; -y^. , ^ 

■^ F\ '"• y <* ^‘ '^r k- 

^ ® y ^ 1 * 0 ^ 



: , A V, 


^yiW 

•Ki. -', -k 



: ,^>' Wx* 


' “' .>J> »' ' • ♦ -o. 

-f' '"^ X.' ^ 





♦ 

’» 

A 


> .v 

' * ^ '^b. 

s 

'^a-, "f 0 

♦s' ^/f 

// / j 

'7% 


0 .» 




'Mk- \f ’} 

; Wi • % 


<r .<0 « z 


v'^" "by. 

5b A'^ « ' ‘ * 'b. 0^ < " 

V . M'!^/-‘ ; '0 o'' : 



0.0 ' xV . . 

X‘ 

\p a’'' “ ((^' 

-C^ ; f ; b 

4\' V'^ - u' IS^\N •*• '^. • 

^ o^’ - z 

■^4- - '"c o'' : 

xoo. 

■^ • •' %‘> 7 :.-' x.x>- 

‘■X’ ■'^b V' ■!-’""> ^ V’^’ v" 

'• %. x^'’ ■% / * 


. 0 ' <■ ® 

- 


^ -T <■> ' /^ « oi' 

5 •< 0 ' X^' X * „ , "> x':^ X ^ > 




\ 

v>« 


C.? » 


4 O o^ 



■y ' 6 , S’ - .a 

O ^ 0 x> V xC' 

^■- C ° ^ ^ 

-o o'' : ■ ■>. 

F ^ 

HI'*' X . . 


, %" * X . „ , V ^ ^ ^ * ’ " ” ’ N>'' . > • » 

' V -b. -^v. .xv 

■(S‘ ,< V 




': ./ Wx-\,.^ %• V 


> O' s ^ 

A’ ^ 

’■^ cC^^" . 

•y ^ y , 

«Xi!l^', -'XV- V*' ' -xxX 




b X . ^ ^ . 

v-;;:<^%'“';v:.<- 

: V*' : ^ '"b o'' : 

^ 7 . * 

• n < 


nO'^. 


» 

^ o A "^rU 

- - ^. ,X- X. . 

O' ^ 

b c.-^'- 
® V ^ 

, •Jx'^^ % \^% 

%/' 

i-0 ~xx ^ ^ >.'" '“* 

« .0 q^ 

\ y 










‘ V' 

^ v» w V. 






. ' * » '>'''* r '^c> * ^ ^ * 0 / '^^ * ' ' ' * n>° s •> ' * ' "^^ * ® ■" 

Mfe:< ;^i ^ V ^ ^^05* ^ .^JH^ - v. . 



" * 0^ 




■ • ' W • ';i:SJ " • ‘ '/.. » - . '< ‘ • • ">\ ;\ 1 ' " • ' • /. o - . . V' ' 


Xp -V 







--> ° , 

'V A * 

* * ^ \\^ ^ 0 • \ 

,# ^j) 


• « 



>r ^ 

o o' 




O , K ■» ^0 


r^ -r. 


^r. 


V* - “ ^ • 0 

.^'■' /^Ca\ 

- I W^\F - V , 

\ . * it. >J ^ Q V . ^ 

' " ™ 1 

TS^ 







■’A- v^' 


X * 0 



a\ *v 1 * . '^^^ ' 

^ °o 


•^oo' 


■'*' il^-- vt -'■ 

.'\ ^ ^ // 

^ ■^-. * » * 

°^ ' ♦ 3 . 0 ’* A -• 

^ v' ^ * 0 > 0 

* A' ^’■^'^fi^A,*'' ■)> .'5A * 

1 V<i^' ^ 

j ♦ '^ aC) <r^ A 

-0^ t ® ** 


^ A 

> ,0*^ 


" o 0^ : 

. c -TV : 

'>*iji>’.' a^’■ A ., 

V’'”’v'"*'*”' '>""•> .'•• 

r 1«? S;i « .A"^ .WSs 



- 


I-' * \ -t^ -• O 

; K ; 

* x^ °-<. : 

A 






0 « 


- . <=^0 
=5 \ ^ 

< 'in' /■%■ " v'^ s' ■• -A^O * ’" " v.''‘ . ' 

“ - - - 

C<-^ * 

O i^ K 

O’ 



0 ♦ X 





y 'h.. 


.V 

/• ' 


i 

r c ° 

fi 

• j-C-CXv 


''• <^\ Yl' 






o o » 

, o'/’““’/.'-..- 

• %^-i?- .*k'S£A'- * 




r 

, * 9 X 0 ' % » , , , 

^// C‘ \> ^ « 

' T. 

* \V' 

^ </'_ aX'^ 

<p ,^v 





. «. ' u o 





■^V -A''' * 

cT' ,C V «i 


.y 


• ♦ 

, *V''^‘-V’, -V .,> 0 * ■ “ "’ v'^ s 

* -^'r. aV 

V ^ 


-V 

* ^ 0 N C . 

AV,^ . A 


=> 0 





'■’’?> ''"■ys'm'.' V’" '^^♦'••' *''>'"'’As''"''>c''"''’’v'* ,'•., A *■■'•'„> 

' \ “ -S V . „ a'^’'^. *= *'’ ^ " 

*■ - 'Kj. 

■0 0 


SP 1 'A ”% / % --^m: r % i; w.' / % v 

■ ■ ' ,/ " " ' 'o“'^-'^ *'% ” ' ■ '\^''y^'‘'^°-^ ” ' ' V*-‘ “.^ ‘ 

.s. ^*^^ 0 "’ ^ *'»...»' ^ 0 ^ '^c>y » „ '. „ ■>* .<>,^' *A- .oP 


'V 

:'3 '^. 






o 

«> 


■'■'s-' 

'^'^7 * 

® ^ *^0 

n' />^ 

0 

J^nf/. 


X^WA 

-< 














V 









^ ian 1 n 

BROOKLYN EAGCE^ 
LIBRARY, 

I No. 49. 

Vol. XV. No. 13. DECEMBER, 1900. Price, Ten Cents 


Pr^^sed Charter 

OF THE 

City of New York 

As Prepared by the Charier Revision Commission. 

Appointed by the Governor in 1900, and sub- 
mitted to the Legislature in 1901. 

PUBLISHED BY THE 

BROOKLYN DAILY EAGLE 


Entered at the Brooklyn-New York Post Office as Second Claes Matter. Vol. XV., No. 13, of the Eagle Library. 
Serial No. 49, Dec. 1900. Yearly Subscription, $1.00. Almanac Number, 25 Cents. 


LEONARD MOODY 


Real Estate Company 


TELEPHONE CALLS: 


20 COURT STREET, PHENIX BUILDING 


20 Court Street, Atala tOS and 2127 
309 Flatbush Avenue, Prospect 177 
746 Washington Avenue, Bedford 1629 


Branch Office i f Branch Office 

309 FLATBUSH AVE. ...BROOKLYN... 746 WASHINGTON AVE. 

Cor. Prospect Place ) [ Cor. Park Plaee 


If you will give us the opportunity we will demonstrate 
that we can interest you in 

REAL ESTATE 

in any of its branches. 

For Sale For Rent 

For Investment For Exchange 

For Speculation 


Private Dwellings, 


both old and new, for sale in all parts of the city at 
bargain prices. Immediate posession where desired 


Special attention Given to Collection of Rents and Management of Estates. 

Money to Loan on Bond and Mortgage at Lowest Rates 
APPRAISING A SPECIALTY 

FIRE INSURANCE COAL AND WOOD 


One of the oldest established and most' reliable Real Estate concerns 

in the City. 


ESTABLISHED 1865 


PROPOSED CHARTER 


OF THE 


eiTY OF NEW 


AS PREPARED BY THE 



CHARTER REVISION COMMISSION 

APPOINTED BY THE GOVERNOR IN 1900 AND SUBMITTED TO THE 

LEGISLATURE IN 190!. 


^ ^ 

OFFICE OF PUBLICATIOK, 

EAGLE BUILDING, BROOKLYN. 

Eutei-od at Uie Brooklyn Post Omoc as Socoinl Class Alattor. Vol. XV, Xp. T'l.of tho Eaj;lo^,.l,ibrary. Soria! X;viPiber 
Xo* 41)^ DecourbOiv lUil.iU. Xoai iy STiDscriiiti.on; ST'.UO. Aluiaiuic miuibor,. oouAist 


g UCCESSFUL 

CO-OPERATIVE BANKI^G. 

INCORPORATED MARCH 1887, 

ASSETS MARCH I, 1888, $81,793.38 

MARCH I, 1890, . . . , . . i .250,230.25 

MARCH I, 1892, .... 318,126.12 

MARCH 1,1894, 365,831.37 

MARCH I, 1896, • . . • 430,680.82 

MARCH I, 1898, ... 522,154.61 

MARCH 1, 1900, . . 788,245.21 

DECEM. I, 1900, 860,433.75 


OFFERS SAFE INVESTMENT AND FAIR DIVIDENDS FOR 
YOUR SAVIN3S. 

MAKES LIBERAL LOANS ON BOND AND MORTGAGE. 

SEND FOR DESCRIPTIVE PAMPHLET. 

B rooklyn city CO-OPERATIVE 
HIDING AND LOAN ASS’N, 

MAIN OFFICE, 91 COURT STREET. 

THOMAS F. LEWIS, JOHN H. KAMPF, 

PRESIDENT. SECRETARY. 








THE PROPOSED CHARTER 

OF THE 

CITY OF NEW YORK. 

AS PREPARED BY THE 

Charter Revision Commission Appointed by the Governor in 1900, 
And Submitted to the Legislature in 1901. 

Note: Underscored matter is new; matter contained within brackets is omitted in the proposed revision. 


AN ACT 

To Amend the Greater New York 
Charter. 

i THE PEOPLE OF THE STATE OF XEW 
! AORK, REPRESEATED I\ SENATE 
; AND ASSEMBLY, DO ENACT AS FOL- 
LOWS; 

Section one. Chapter three hundred and 
seventy-eight of the laws of eighteen hun- 
dred and ninety-seven, entitled “An act to 
unite into one municipality under the cor- 
porate name of The City of New York, the 
various communities lying in and about New 
Y'ork harbor, including the city and county 
of New York, the city of Brooklkn and the 
county of Kings, the county of Richmond 
and part of the county of Queens, and to 
provide for the government thereof,” is 
hereby amended so as to read as follows: 

CHAPTER I. 

BOLND ARIES. BOROUGHS. PONVERS. 
RIGHTS AND OBLIGATIONS OF THE 
CITY. 

The City of New A'ork; corporations 
coiisoll«latca; (territory) t errltorie.s; 
short title of this act. 

Section 1. All the municipal and public cor- 
porations and part'-, of municipal and public 
corporations, including cities, villages, towns, 
and school districts, but not including coun- 
ties, within the following territory, to wit: 
the county of Kings, the county of Richmond, 
the city of Long Island City, the towns of New- 
town, Flushing and Jamaica, and that part 
of the former town of- Hempstead as it existed 


on the thirty-first day of December, eighteen 
hundred and ninety-seven, bounded on the 
east and north by the east and north bounds 
of the former village of Far Rockaway, and 
on the east by a line drawn due north from 
the northwest corner of said village to the 
south line of the town of Jamaica, as it ex- 
isted on the thirty-first day of December, 
eighteen hundred and ninety-seven, are here- 
by annexed to, united and consolidated with 
the municipal corporation known as the mayor, 
aldermen and commonalty of the city of New 
York, to be hereafter called “The City of New 
York;” and the boundaries, jurisdictions and 
powers of the said City of New' York herein 
constituted, are for ail purposes of local ad- 
ministration and government, hereby declared 
to be co-extensive with the territory above 
described; and the said City of New York Is 
hereby declared to be the successor corpora- 
tion in law and in fact of all the municipal 
and public corporations united and consoli- 
dated as aforesaid with all their law'ful rights 
and powers and subject to all their lawful 
obligation* without diminution or enlarge- 
ment except as herein otherwise specially pro- 
vided; and all of the duties and powers of 
the several municipal and public corporations 
united and consolidated as aforesaid into the 
city of New York are hereby devolved upon 
the board of alde rmen [municipal assem- 
bly] of the said City of New York, so far 
as the same are applicable to said city, and 
not herein otherwise specially provided, to 
be exercised in accordance with the provi- 
sions of this act. This act may be cited 
by the short title of “The Greater New' Y"ork 
Charter.” 

Division into boronslis. 

Sec. 2. The City of New' York, as S^sti- 
tuted by this act. is hereby divided t». ...five 
boroughs, to be designated respectively: Man- 


hattan, the Bronx, Brooklyn, Queens and. 
Richmond; the boundaries whereof shall oif; 
as follow's; % 

First, the borough of Manhattan shall con- 
sist of all that portion of The City of New 
York, as hereby constituted, known as Man-, 
hattan Island, Nuttin or Governor’s Island,^ 
Bedloe’s Island, Bucking or Ellis Island, the . 
Oyster Islands and also Blackwell’s Isl- 
and, Randall’s Island and Ward’s Island, inj 
the East or Harlem rivers. " 


Second, The borough of the Bron.x shall 
consist of all that portion of The City of New 
York as hereby constituted, lying northerly, 
or easterly of the borough of Manhattan, be- 
tween the Hudson River and the East River 
or Long Island Sound, including the several 
islands belonging to the municipal corpora- 
tion heretofore known as the mayor, aldermen 
and commonalty of The City of New York, 
not Included In the borough of ’^Manhattan. 

Third. The borough of' Brooklyn shall con- 
sist of that portion of -The City of New York, 
as hereby constituted, hitherto known as the 
City of Brooklyn. - 

Fourth, the borough of Queens shall con- 
sist of [that portion of Queens County in- 
cluded in The City of New York as hereby 
constituted.] the territory known as 


Queens County. 

Fifth. The borough of Richmond shall, ccu- 
sist of the territory known as Richmond 
County. ' ' '■ 


Name; powers ami ri8lit.s of the eor- 
poration; seal. 

Sec. 3. The name of the corporation con- 
stituted by this act shall hs The City of New 
York and the same shall, by that name, be a 
I body politic and corporate in fact and in 
: law witli power to contract and to be con- 
I trr.ctcd with, to sue and be sued, to have a 
1 common seal and to have perpetual succes- 


» 


4 


TIIK riLVUTEH OF THE CITY OF NEW YOUIC 


■Ion, wiih all ot the rig/its, properties, Inter- 
•sts, claims, demaiuls, grants, powers, priv- 
ileges and Jurisdictions, held by the mayor, 
aldermen and commonalty of The City of 
New York, and held by each of the municipal 
*Bd public corporations or parts thereof other 
than counties hy this act united and con- 
■olidated with the corperatien known as the 
mayor, aldermen and commonalty of The 
City of New York, except so far as modified 
rtpealed by the provisions of this act. 

I.oenl K'overitiiiciit : [iiiuiiieiiiu! asMciii- 

l*Iy] lioaril «if alrtemioii ; linbilHieJi of 
ions <*onsi>liil:ilc<l. 

•e''. *. Fcr all purposes the local adminis- 
tration and government of the people and 
property within the territcry hereby com- 
prised within The City of New York shall he 
in and be exercised by the corporation afore- 
said: and the board of aldermen [municipal 
assembly] as in this act constituted, sub- 
ject to the conditions and provisions 
of this act. shall exercise all the pow- 
ers vested in the corporation of The City 
•f New York by this act or otherwise save 
as InAhis act- i', otherwise specially provided. 
All ,vr^ld and lawful charges and liabilities 
now existing against any of the municipal 
or public corporations or parts thereof which 
by this act are piade part of the corporation 
of The City of New York, including the Coun- 
ty of Kings and the County of Richmond, or 
which may hereafter arise or accrue against 
such municipal and public corporations, or 
parts thereof, including the said counties of 
Kings and of Richmond, which but for this act 
would be valid and lawful charges or liabili- 
ties against the same, shall be deemed and 
taken to be like charges against or liabilities ] 
of the said The City of New York, and shall 
accordingly be defrayed and answered unto by 
It to the same extent and no further than the 
said several constituent corporaticus would 
have been bound if this act had not been 
passed. All bonds, stocks, contracts and ob- 
ligations of the said municipal and public cor- 
porations, including the county of Kings and 
the county of Richmond, and such proportion 
of the debt of the county of Queens and of 
tk* town of Hempstead as shall be ascertained 
■a hereinafter prescribed, which now exist as 
legal obligations, shall bn deemed like obliga- 
tions of The City of New York, and all such 
obligations as arc authorized or required to 
be hereafter issued or entered into, shall bo 
Issued or entered into by and in the name of 
the' corporal ion of The City of New' Ycrk. 
Laws relntiiig' to the ei-oiition an«l iiay- 

niciit of (lehtH lo remain iu force; 

poiniiioii 4lel>t; taxation. 

Sec. 5. All laws or pans of laws heretofore 
passed creating any debt or debts of the mu- 
nicipal and public corporations, united and 
consolidated as aforesaid, or for the payment 
of such debts, or respecting the same, as well 
■s every snch law respecting the debts of the 
corporation known as the mayor, aldermen and 
commcnalty of The City of New York, shall 
remain in full force effect, except that 
the same shall be carried out by the corpora- 
tion hereby constituted, to wit: The City of 
New York, and under such name and in such 
form and manner as may be suitable to the 
administration of said corporation; and all 
the. pledges, taxes, assessments, sinking funds 
snd other reverues and securities provided 
by law for the payment of the debts of ihe 
municipal ami public corporations aforesaid 
shall he ill good faith cutorced, maintained 
and. carried out by the ccrporation of The City 
of New York. All the valid debts of the mu- 
nicipal and public corpoi'ations mentioned in i 
the first section of this act. including tbs* 


county of Kings an:l the county of Richmond 
and the proportion cf the debt ot the county 
of Queens and of the town of Hempstead 
aforesaid, and (he valid debts of the towns, 
incorporated villages and school districts 
herein united and c'.nsolidated with the cor- 
poration heretofore Itncwn as the mayor, al- 
dermen and ccmmoualty of The City of New 
Ycrk into The City of New Ycrk, as well as 
the debts of the latter corporation, shall he 
the common debt of The City of New Ycrk, 
as hereby constituted. So far as resort n tax- 
ation is authcrlzed or necessary to pay such 
debts, such taxation shall extend equally 
threughout the territcry of the corporation 
herein constituted, except that all assess- 
ments for benefits heretofore laid or provided 
to' be laid'for the payment of any portion of 
such debts or to reimburse auy cf the said 
municipal and corporations which cre- 

ated such debt in respect thereof, shall be pre- 
served and cnfcrvtcd. it being the intent here- 
of that the oliiigations and liability of The 
City of New Ycirk as the sucGCsscr of niunici- 
palitibs and public corporations consolidated 
into it shall be the same as and not otherwise 
greater, than the respective, obligations and 
liabilities c'f the several constituent corpora- 
tions; and that The City of New York shall 
succeed to all of their rights as well as to 
their obligations and iidbilities in respect 
thereof, except as herein otherwise specially 
provided. 

EIToft Mliei-f oiil> :i part of oorpora- 

(loii is aiiii<‘\<‘<l. 

Sec. 0. Where part only of the territory of 
a municipal or public corporation is embraced 
by this act within the limits of The City of 
I New York, as herein constituted, the respect- 
ive rights, duties and liabilities of the said city 
and of the municipal cr public corporations 
part of whose territory is so annexed to the said 
city, shall be as in this act provided. If any 
case shai) arise for which this act does not 
make provision, cr full and adequate provi- 
sion arising out of such annexation, or out of 
the consolidation herein provided for, the 
board of aldermen [municipal assembly] 
may by ordinance make provision for such 
ease, or for its equitable rtetermipa.tion, so 
far as concerns The City of New York.' 

Sniiie sul>,icet: erention of dclit. 

Sec. 7. No municipal or public corporation, 
part of whose territory is annexed to The City 
of New York, shall hereafter create apy debt 
which shall hind property within The City of 
New York, nor shall such municipal or public 
corporation levy any tax or assessment upon 
property within The City of New York, as 
herein constituted. 

Tr;«MJtfer of property; eonntipN not to 

beeohie 'inlel»le»l. 

Sec. S. In consideration of the foregoing 
provisions whereby The City of New Ycrk 
as hereby constituted, assumes as afore- 
said the valid debts, obligations and liabil- 
ities of the municipal and public esrpora- 
tions including the counties, towns, in- 
corporated villages and school districts as 
aforesaid, and to carry out the scheme and 
purpose, of this act, all of the public buildings, 
institutions, public parks, water works and 
property of every character and description, 
whether of a public or private nature, here- 
tofore owned and controlled by any of the 
said municipal and public corporations or 
parlj(';h:rcof, hereby consolidated into The 
Cityiof .*'*w York, including any and all such 
lll■oprt^. .jwr.cd by the County of New York, 
the County of Kings and the County of Rich- 
mond whfreve. situ.tted. and by the County 
vl Queens situated in that portion thereol 


which is included within tlie limits of The 
City of New Ycrk, as constituted hy this act, 
and all the riglit, title and interest of the said 
municipal and public corporations and coun- 
ties as aforesaid, or any of them, in and to 
such property, are hereby vested in The City 
of .New York and divested oiit of the said cor- 
poratiODS and counties, and the power of said 
municipal and public corporations and of the 
said counties of New York, Kings, Queens 
and RFhmond to become indebted, shall 
cease upon the consummation and taking ef- 
fect of the. consolidation herein _^)rovided 
for. [There is excepted from the provi- 
sions ot this section the court house and 
comity buildings in the county of Queens 
situated within the limits of The City of 
New York, as hereby constituted.] 

I''«iriiM-r fiitidx; paynlilo to The* City of 

.\otv Vorli. 

Sec. !>. .\11 funds and moneys which, on the 
first day of January, 189S. shall be held by or 
he payable to the receiver of taxes or the 
county treasurer of the county of RichrabntJ, 
to auy officer of auy of the municipal and 
public eprporatioos, or parts of municipal and 
public corporations, hereby -consolidated with 
the ccrporation heretofore known as the 
mayor, aldermen and commonalty of The City 
of New York, as well as ail funds and moneys 
then held by or payable -to any officer of said 
last named corporation, shall be deemed lo 
he held by and be payable to the corporation 
of The City ot New York constituted by this 
act. solely as the funds and moneys ot said 
corporation, and upon the day aforesaid shall 
be delivered to the officer of said corporation 
entitled by this act to hold and control the 
same. Ali taxes levied .against the town of 
Hempstead in the year eighteen hundred and 
ninety-seven shall be collectable and payable 
accarding to the provisions of the existing 
laws. 

f 

K.v|(ciis«*s of 'I'lie City for tlie [yenr] 

yearx ISOS ainl lOOlI. 

See. 10. In the year 1897 it shall be the duty 
cf the proper authorities ot the various mu- 
nicipal and public corporations consolidated 
by this act into The City of New York to pre- 
pare a budget for the year 1898, as required 
by existing law. and to levy taxes for the year 
1898 in the year 1897, as required by existing 
law, as though such m'jnicipal and public cor- 
porations 'w’ere not to be concolidated into The 
City of New York; and in so far as such taxes 
shall remain uncollected on the first day of 
January. 1898, they shall become valid liens 
due to the corporation,- by this act consti- 
tuted. and shall bo collected by it through the 
appropriate officers of The City of New York as 
hereby constituted, pursuant in all respects 
to the laws under which said taxes were levied 
and were tr. be collected. On and after Janu- 
ary first, 1898, the funds received hy the 
chamberlain of The City of New York, under 
this act. and the proceeds ot revenue bonds 
issued in 'anticipation cf the taxes for 
the year 1898 in The City of New York, 
as constituted prior to the. passage ot 
this act, and the proceeds of the tax 
levy therein of the year 1898, may be used for 
the expenses of The City of New York, as con- 
stituted by this act, in such manner as the 
board of estimate and apportionment for that 
year may determine; and it shall be the duty 
of the board of estimate and apportionment 
to apportion the said funds to the various 
city dep-artments as created hy this, act, so 
that such funds shall be used, as nearly as 
may be, for the objects for ■v\hich they were 
raised. The board of .estimate and apportion- j,, 
TiCnt. during the year 1898, shall have power to 
direct the issue of revenue bonds of The City 


/ 

THK 


flf New York, to be redeemed out of the tax j 
lb be paid in* the year for such \ 

purposes and in such amounts as ma> | 
be necessary to provide for the efficient! 
conduct of the city in all its depart- 
n;ents durins; the year ISOS, provided that the 
sums so raised in the year 1898 shall be subiecl 
to be raised by taxation upon the various bor- 
oughs on the basis elsewhere provided in this 
act. Between January first and May first 
in the year nineteen hundred and two the 
board of estimate and apporiioniueni shall 
have power from time to time to alter, mod- 
ify and amend the budget for the year 
teen hundred and two; to change the titles. ^ 
terms and conditions of appropri ations con- 
lained therein; to ad d new appropriations 
and abolish any that may be fotmd unneo- 
esaary; and in furtheranc e of these pu r poses 
shall lia ve the power, if a d ditio nal funds be 
requU’cd. to direct the cMnplroUer to issue 
special revenue bonds redeemable from Ih^ 
tax levy of the year nineteen hundred^and 
three. 

' Y ' 

CHAPTER II. 

T.EGISL.VTIVK DEI’ VKTMEVT. 
I..r^i»*lalive ^vUorc* 

Sec. IT. The legislative po-wer of The City 
of New York shall be vested i n one house 
to be known and styl^<l_as * 'The Board of 
Aldermen of The (Mty pf New' York" [two 
liousos to be known, respsctively, as the 
Council and ihe Board of Aldermen, to be 
together styled ‘ The Municipal Assembly 
of the City of Xev,' York.”] | 

[Cituneil; iinmUer l^iurd nf Alder- j 

i in'e.Hldd* t ; <iiiox’niii; walairiej*; j 

> aeancies, lio^v 

Sec. 18. The board of ald ermen sh all con- 
sist of members elected one from each of 
ilte "a 1^ r ma n i c dist rjic ts here in aft er provided 
lor and of the president of the board o f al- 
dtrmen and of the pr esiden ts of the several j 
boroughs, 'ilie president of the bo ard of | 
alderme n shaU be chosen on a I 

et bjT the qualified v oters of the city a t the j 
^lne~tim^and for the same ter m as herei n 

in ^j^ribecT^or the mayor. He shall be 

known as the president of t he board of al- 
dermen. and shall , except as h e rein prbvid- 
the ri ghts, privile ges and 
I) 0 W’er 3 . and perform the d uties which on 
Mecem be r^thTrTy -first ei ghteen hund red _and 
ninety-seven were conferred o r imposed by i 
law upon the pre sident of the board of al- 
dermenrof the ra a y o r. aldermen and com- 
m WalTT^ oTT hT~C i ty o f Ne w York. T he al- 
dermen shall be elected at the genera l elec- 
fiou^ in the year^in^en h undred and one. 
and every two years thereafter. The term 

of office of eac h member of t he board ^ 

aldermen shall commenc e on the first day 
cTrianuary after his election, and shall con- 
tinue for two years ther eafte r. The phra.s^e, 
all the members of the board of alder men, 
wherever used in this act. shall be taken 
and~held to mean all the said members of 
said board, including the preside nt of the 
board of alder men and the presidents of 
the several bor oughs. The phrase, members 
elected"!^ the board of aldermen, whe rever 
used in this act, shall be taken and h eld to 
mean all the membe rs of sa i d board, ex- 
cept the president of the boa rd of aldermen 


rjIIARTT^U OF THK CITY OF NKW 

and the president.^ of the several boroughs. 

vacancy whi'*h may occur among the 
mem bers elected to the board of aUlermen 
slmll be filled by eUction by a majority of all 
the m embers elected thereto, and the per- 
s oi3> so el ected to^ fiH any such vacancy shall 
servo for the unexpired portion of the term. 
A majoiMty of all the me mbers of the board 
o^f_^aldermen shall constitute a quor im. 
The sal ary of tite president of the board 
shall^be five thousand dolla rs a year, and 
the salarie s of the aldermen shall be one 
Uiousand dollars a year. 

[The council shall consist of twenty- 
nine members, one of whom shall be its 
president. The president shall be chosen on 
a general ticket by the oualified voters of the 
city, at the same time ana for the same term 
as herein prescribed for the mayor. He shall 
be known as the president , of the council, 
and shall, except as herein provided, possess 
all the rights, privileges and powers and per- 
form the duties now conl'erred or imposed by 
law upon the president of the board of aider- 
men, of the mayor, aldtrmon and commonalty 
of The City of New York. A majority 
jf all the members elected to the coun- 
cil shall constitute a quorum. The sal- 
ary of the president of the council shall be 
.ive thousand dollars a year. The salary of 
the other members of the council shall be 
one thousand five hundred dollars a year.] 

H'oiiaoil. Uow choNCMi; cotiiicil] Alile r- 

Diniiic (MKtriots. 

Sec. 19. The municipal a ssembly o f The 
City of New York shall, within sixt>^uays 
after ihe passage of this act, divide The City 
of New York into one hundred and t wen ty- 
three aldermanic districts in the following 
manner; The first, seco nd, fourth, eighth , 
twelfth, thirteenth, sixteenth, sevent eenth 
and twenty-sixth assembly districts of the 
county of New York and the third, eighth, 
ninth and fifteenth assembly districts of 

the coun ty of Kings shall each con stitute a 
separa. * aldermanic district. The third, 
fifth. Kixth. scventli, niuih, tenth, eleventh, 
fourteent h, fifteenth, eighteenth, twentieth, 
twenty-second, twenty-fourth, twenty-fifth, 
twenty-seventh, twenty-eightli. t w'enty-ninth 
thirtieth, thirty-second and thirty-ihird as- 
sembly districts of the county of New York 
and the first, second, fourth. fifUi, sixth 
tenth, eleventh, twelfth, thirteenth, four- 
teenth. sixteenth, seventeenth and nine- 
teenth assembly districts of the county of 
Kings, shall each be divided into two parts, 
each of wh ich parts shall constitute one al- 
dermanic district. The nineteenth, twenty- 
third and thirty-firs t assembly distric ts of 
the county of New York, the seventh, eigh- 
teenth. twentieth and twei^-first assembly 
districts of the county of K i ngs, the first 
a ssembly district of the county of Q ueens, 
the territory comprising the second assem- 
bly district of said county, together with so 
much of the third assembly district of said 
county as lies within The City of New York 
considered as one parcel, n n d the county of 
Richmond shall each be divided into three 
parts, each of whi ch p arts shall constitute 
one aldermanic district. The twenty-fir st 
and thirry-fourlh assembly districts of the 
county of New York shall each divided 
into four parts, each of which parts shall 
■constitute one al dermanic district. The 
thTrty^ftU asse mbly district of the county 


York i 


of New York and thos e portions of the ter- 
ritory of the first and second" assembly dls- 
tri -ts of The county of Westchester that 11© 
within The Pity of New York considered as 
one parcel sliall be div ided into six parts. 
each ol' w hich parts shal l constitute one 
ald erm anic district. The several aldermanic 
districts in:o which any assembly district 
is divided shall bo as compact in f orm as 
practicable, and each shall contain app roxi- 
mate ly the same number of inha bitants, ex- 
oluding aliens. No elef^tioiT district of an 
^seni'bly district shall be subdivided In 
forming said aldermanic districts. In case 
the board of police or other lawful authority 
shall hereafter alter the boundaries of any 
of the election districts into which The City 
of New York is divided at the time of the 
passage of this act, such alteration shall be 
so made that no election district shall con- 
tain portions of two aldermanic districts. 
The municipal assembly shall within ten 
days after making such division cause to be 
filed in the office of the secretary of state 
and in the otfices of the clerks of the coun- 
ties of New York. Kings. Queens and Rich- 
mond, a descrintion of each of such alder- 
manic districts, specifying the number of 
each distric t and of the inhabitants thereof. 
excl uding aliens, and such districts shall re- 
main unaltered until the city shall be re- 
divided into assembly districts as nrovidfd 
by law. Whenever hereafter The City of 
New York shall be redivided Into ass em- 
^ Rsl^tcts as provided by l aw, the board 
of aldermen shall within sixty days there- 
after, in accordance with the provisions of 
this section, redivide the city into alder- 
manic districts, and shall Increase or di- 
minish Ihs- number of such districts, so 
that there shall always be two aldermanlo 
districts for every assembly district lying 
wholly within the city of New York. 

OK>*1ifico<lon of i»ieiolipr« the 

loiiird ji1deriiic»i). 

Sec. 20. Any citizen of the United States 
who is a resident of The Citv of New York 
shall be eligible for election to the board of 
aldermen in any one of the aldermanic dis- 

Time <>f iiieethigr of [ooiiiioil] Ixin rd of 

Sec. 22. The first meeting of the board of 
aldermen [said council] in each year shall 
be held on the first Monday of January, at 
noon. 

When |»re.«i(1ent of [eouuell] of 

n Rlormc n to act ns iiiuyiir; iiower-m 

temporary ohairniau of tcoaueU^ 

honrd of 

Sec. 23. Whenever there shall be a vacancy 
In the office of mayor, or whenever by reason 
of sickness or absence from the city the 
mayor shall be prevented from attending to 
the duties of his office, the president of the 
board of aldermen [council] shall act as 
mayor, and possess all the rights and pow- 
ers of mayor during such disability or ab- 
sence. In case of a vacancy he shall so 
act until noon of the first day [Monday] 
of January succeeding the election at 
which the mayor's successor shall be chosen; 
[and at the next general election, at which 
municipal officers shall be elected, which 
shall take place more than thirty days 


6 


THE CHARTER OF THE CITY OF NEW YORK. 


after ttie occurrence of a vacancy in the of- 
flce of mayor, a successor shall be chosen, 
■who shall hold for the unexpired term.] It 
■hall not be lawful for the president of the 
b oard of aldermen [council], when acting 
as mayor in consequence of the sickness 
or absence from the city of the mayor, to 
exercise any power of appointment to or re- 
moval from office, unless such sickness or ab- 
sence of the mayor shall have continued 
[ten] thirty days; or to sign, approve or 
disapprove any ordinance or resolution un- 
less such sickness shall have continued at 
least nine days. The board of alderme n 
[coimcil] shall elect a vice chairman to 
preside over its meetings, who shall possess 
the powers and perform the duties of the 
president of the board of aldermen [coun- 
cil], when the president is sick, absent or 
under suspension, or while the president 
of the board of aldermen [council] is act- 
ing as mayor, or when a vacancy occurs in 
said office, and who shall, during such 
time, be a member of every board of which 
the president of said board of aldermen 
[coir.cll] is a member by virtue of his of- 
fice. 

[Bonril of nlderiiieii : qnornm]. Hoads 

of doparfiiioiits; sonts in linnrd of 

aldormon; wlion rotiiifrod to ntteiid. 

Six, 25. [.\ majority of all the mem- 
bers elected to the board of aldermen 
shall constitute a quorum]. Each head of an 
administrative department of the city shall be 
entitled to a seat in the board of aldermen 
[said board] and shall whenever required 
byjt [practicable] attend its [the] meet- 
ings. [of the board] He shall answer all 
" questions put to him b y any member relat- 
Ing to the affairs of his department, pro vid- 
ed he shall have received for ty-eight hours 
written notice the reof and of the questions 
t o be put. He [and] shall have the right 
to participate in [its] the discussions of 
said board, but shall not have the right to 
vote. If an administrative department is 
composed of more than one - member, the 
president or presiding officer of such de- 
partment shall be entitled to such seat. 

[Connell and] board of niderinen; 

HerBeant-nt-arni>i! rules. jonriials, 

■ IttiiiSs; expnlNion of inonil>er.s. 

Sec. 27. The [council and the] board of 
aldermen may [each] elect a sergeant-at- 
arms and such assistants as are needful to 
the orderly conduct of its [their] meetings, 
provided, however, that no expenditures for 
salaries for such sergeant-at-arms and such 
assistants shall exceed the amount appro- 
priated therefor in the annual budget. The 
board of alde rmen [each of said bodies] 
shall determine the rules of its own proceed- 
ings; shall be the judge of the election re- 
turns and qualifications of its own members; 
subject, however, to review by certiorari of 
any court of competent jurisdiction; shall 
[each] keep a journal of its proceedings; 
shall [each] sit with open doors; shall 
[each] have authority to compel the at- 
tendance of absent members and to pnnish 
its members for disorderly behavior, and to 
expel any member with the concnrrence of 
two-thirds of all the members elected to the 
board of aldermen [such body]. Every 
members so expelled shall thereby forfeit 
all his rights and powers, subject, however, 
to Judicial review on certiorari. 


City elerW [and clerk of mniiicipal as- 
scinbly]; appoin tment ; term; duties; 
papers eertlfleil l»y lilm [to be]; liovv 
far admissi ble In evidence; [fees for 
certification]. 

Sec. 28. The board of aldermen [council] 
shall, whenever a vacancy occurs in the of- 
flee of city clerk , [at the first meeting,] ap- 
point a clerk, who shall perform such duties 
as may be prescribed for him. The clerk 
so appointed shall also be the city clerk and 
the clerk of. the [municipal assembly] board 
of aldermen , and shall hold his office for six 
years, and until his succesor shall be ap- 
pointed and has qualified, unless removed 
for cause. The city clerk shall have charge 
of all the papers and documents of the city, 
except such as are by law committed to the 
keeping of the several departments or of 
other officers, and except as provided in 
section one hundred and thirty-six of this 
act as amended. He shall keep the record 
of the proceedings of the board of alder- 
men [municipal assembly]. He shall also 
keep a se parate record of [engross] all the 
ordinances of the board of aldermen [munic- 
ipal assembly] in a book to be provided for 
that purpose, with proper indices, which 
book shall be deemed a public record of 
such ordinances, and each ordinance shall 
be attested by said clerk. Copies of all pa- 
pers duly filed in his office, and transcripts 
thereof, and of the records of proceedings 
of the board of aldermen [municipal assem- 
bly], and copies of the laws and ordi- 
nances of said city, certified by him under 
the corporate seal, shall be admissible 
in evidence in all courts and places 
[of the matters therein contained] 
in the same manner and for the same 
purpose as papers or documents sim- 
ilarly authent icated by the clerk of a coun- 
ty. [Said clerk shall appoint a clerk for 
the board of aldermen, who, apart from his 
service during the meetings of said board of 
aldermen, shall be in all things subject to 
his direction and control.] Said City clerk 
may be removed on charges by a two-thirds 
vote of all the members of the board of al- | 
dermen [council], subject, however, to ju- 
dicial review on certiorari. [The said city 
clerk] .He shall collect the following fees: 
For a copy of any book, account, record or 
other paper filed in his office, five cents for 
each folio; for a certification of any book, 
account, record or other paper filed in his 
office, twenty-five cents, and five cents in 
addition for each folio in excess of five; for 
each bond filed in his office, twelve cents; 
for filing all other papers, required by law 
to be filed in his office, six cents; for a cer- 
tificate of appointment of a commissioner of 
deeds, twenty-five cents. 

City clerk; proeeeilinurs of [iiinnieiiinl 
asxeiulily] board of nlilerii ieii. 

See. 29. Immediately after the adjourn- 
ment of each meting of the board of alder- 
men [municipal assembly], it shall be the 
duty of the city clerk to prepare a 
brief extract, omitting all technical and 
formal details, of all resolutions and ordi- 
nances introduced or passed, and of all 
recommendations of committees, and of all 
final proceedings, as well as full copies of all 
messages from the mayor and all reports of 
departments or officers. He shall at once 
transmit the same to the person appointed to 
I supervise the publication of the City Record 
I to be published therein. 


Cerlnln ordluaucea aud resolatloua, 
bow paK.<sed and approved; aye* aud 
noes piibli.sbed. 

Sec. 30. No ordinance or resolution pro- 
viding for or contemplating the alienation or 
disposition of any property of the city, 
the granting of a franchise, terminating 
the lease of any property or franchise 
belonging to the city, or the making of any 
specific Improvement, or the appropriation or 
expenditure of public moneys, or authorizing 
the incurring of any expense, or the taxing 
or assessing of property in the city, shall 
[pass the council or board of aldermen 
at the same session at which it is 

first offered], unless by unanimous con- 
sent; [and the same shall not] be finally 
passed or adopted by the board of aider- 
men [municipal assembly], until at 
least five days after such abstract of its 
provisions shall have been published, as 
provided in section 29. No such or- 
dinance or resolution shall be approved 
by the mayor until three days after 
such abstract shall have been so published 
after its passage; but if an abstract of any 
resolution or ordinance shall have been once 
published after its introduction, it shall not 
thereafter be necessary to publish the same 
again, but only to refer to the date and page 
of the former publication in the City Rec- 
ord, and to state the amendments, if any. 
made thereto. In all cases the ayes and 
noes upon the final passage of such resolu- 
tion or ordinance shall be taken, recorded 
and published. 

Ilecorcis open for Inspootloii ; oilier 
ilutles of clerk; Kickiiess. 

Sec. 31. It shall be the duty of the city clerk 
to keep open for iiispection, at all reasonable 
times, the records and minutes of the proceed- 
ings of the board of a ldermen [municipal 
assembly.] He shall keep the seal of the 
city, and his signature shall be necessary to 
all leases by the city of Its property, and to 
all grants and other documents, as under ex- 
isting laws. In the absence of said clerk by 
sickness or otherwise, his first deputy shall be 
vested with and possessed of all the rights and 
powers, and be charged with all the duties, by 
this section or by law or ordinance imposed 
upon said clerk. 

111.; records and papers delivered to 
and kept by the [clerk] cit y clerks; 
clerks In borongrlis. 

Sec. 32. .\1I the muniments, records, patents, 
deeds, minutes, writings and papers belonging 
to the mayor, aldermen and commonalty of 
the city of New York, which were [now] 
In the custody of the clerk of the board of 
aldermen thereof on the thirty-first day of 
December, e ig hteen hundred and ninety- 
se ven. shall be delivered to and kept by tko 
city clerk. The city clerk shall, except 
otherwise exp re ssly provided in thlFactT be 
the custodian of all like muniments, records, 
patents, deeds, minutes, writings and other 
papers belonging to any of the municipal and 
public corporations by this act united and 
consolidated into The City of New York, and 
shall have power to appoint a clerk in each 
of the boroughs constituted by this act, who 
shall have charge of the same, subject to the 
direction and control of said city clerk or 
of the board of aldermen [municipal assem- 
bly]. 

111.; salary anil ilepnties. 

Sec. 33. The salary of the city clerk shall 
be ?7,000 a year, and he may appoint such 
deputies or clerks as are necessary to the 
1 discharge of his duties. Fnrovided that tha 


THE CHARTER OF THE CITY OF NEW YORK. 


T 


aggregate salaries of such deputies and clerks 
Including the salary of the city clerk, shall 
not exceed in any one year the sum appro- 
priated therefor in the annual budget.] 
I.iceiiseM to anctloneerH. 

Sec. 34. The city clerk shall have authority 
to grant licenses to any person engaged in 
and carrying on the business and occupation 
of auctioneer, or desiring to be so engaged, 
on . such person filing a bond approved 
by him with two good sureties in the 
penal sum of $2,000. The president of 
the board of aldermen [council] on com- 
plaint of any person having been de- 
frauded by any auctioneer, or by the clerk, 
agent or assignee of such auctioneer, doing 
business in said city, is authorized and di- 
rected to take testimony under oath relat- 
ing thereto; and if the charge shall, in his 
opinion, be sustained, he shall revoke the li- 
cense granted to such auctioneer, and direct 
his bonds to be forfeited. 

[Mnnicipal asNenibly] Board of alder- 
men; journal; ayes and iioes. 

Sec. 33. The board of aldermen [Each 
house] shall keep a journal of its proceed- 
ings, and the ayes and noes of the members 
on any question shall, at the desire of any 
two members, be taken and entered therein. 
The ayes and noes shall be called and re- 
corded on the final passage of any ordinance. 

Id.; no member eligible to any city 

oflice. 

Sec. 36. No member of the board of alder- 
men [municipal assembly] shall, during the 
term for which he is elected, be eligible or 
be appointed to any other office under the 
city, nor shall any member of said board of 
alderme n [assembly], while such, be a con- 
tractor with or an employe of the city or 
of the board of aldermen [either branch of 
the said assembly] in any capacity what- 
ever. 

Id.; meetings. 

Sec. 37. The stated and occasional moot- 
ings of the board of aldermen [municipal 
assembly] and its proceedings and business 
shall be regulated by its own resolutions 
and rules, provided, however, that at least 
one stated meeting shall be held each month, 
except in its [the] discretion [of the munic- 
ipal assembly] in August and September. 
The mayor may at any time call a special 
meeting of the board of aldermen [munici- 
pal assembly]. He shall call such meeting 
when a requisition for that purpose, signed 
by fifteen [nine] members [of the board of 
aldermen,, and three members of the coun- 
cil] has been presented to him. Three 
days before any special meeting of the board 
of aldermen [municipal assembly] is held 
notici^f the time of the intended meeting 
and of the business proposed to be trans- 
acted, signed bv the mayor, shall be pub- 
lished in the City Record, and at the same 
time the city clerk shall cause a copy of 
such notice to be left at or sent by post to 
the usual place of abode or of business of 

each member of the board ^ aldermen 

[municipal assertibly] ; but want of service 
of a notice upon any member shall not affect 
the validity of a meeting. No business shall 
be transacted at a special meeting other 
than that specified in the notice relating 
thereto. 

I«l,; style of ordinances. 

Sec. 38. The style of ordinances shall be: 
“Be it ordained by the board of aldermen 
[municipal assembly] of The City of New 
York, as follows: 


Id.; vote required to ixtss ordinances 
and resolutions. 

Sec. 39 Every legislative act of Jhe board 
of alderme n [municipal assembly] shall be 
by ordinance or resolution. No ordinance 
or resolution shall be passed except by a vote 

of a majority of all the members ^f the 

boar d of ald ermen [elected to each house. 
In case any ordinance or resolution involves 
the expenditure of money, the creation of a 
debt, the laying of an assessment, or the 
grant of a franchise, the votes cf three- | 
fourths of all the members elected to each | 
house shall be necessary to its passage.] 
No money shall be expended for any cele- 
bration, procession, funeral ceremony, re- 
ception or entertainment of any kind or on 
any occasion, unless by the votes of four- 
fifths of all the members of the board of 
aldermen [elected to each house]. No ad- 
ditional allowance beyond the legal claim 
which shall exist under any contract with 
the corporation, or with any department or 
officer thereof, or for any services on its 
account or in its employment, shall ever be 
passed by the board of aldermen [municipal 
assembly], except by a [the] unanimous 
vote [of both ifjuses thereof] ; and in all 
cases the provisions of any such contract 
shall determine the amount of any claim 
thereunder or in connection t!# re with, 
against the said corporation, or the value of 
any such services. 

Mayor’s veto. 

Sec. 40. Eyery ordinance or resolution shall, 
bef%'e it takes effect, be presented, duly 
certified, to file mayor for his approval. The j 
mayor shall return such ordinance or resolu- | 
tion t o the board of alderm en [to the house ! 
in which it originated], within ten days after ! 
receiving it, or at the next meeting of the I 
board of aldermen [house] after the ex- 
^ation of said ten days, unless such ordi- 
nance or resolution be one of those men- 
tioned in section thirty of this act, in 
which case the mayor shall return said 
ordinance or resolution [to the house in 
which it originated] within ten days after 
the abstract of its provisions or a reference 
thereto shall have been published in the City 
Record as provided in said section thirty, or 
at the next meeting of the board of aldermen 
[house] after the expiration of said ten 
days. If he approve it, he shall sign it. If 
he disapprove it, he shall specify his objec- 
tion theret,-- in writing. If he do not return 
it with such disapproval within the time 
above specified, it shall take effect as if he 
had approved it. In case of disapproval, the 
objections of the mayor shall be entered at 
large on the journal of the board of alder - 
meu [house] and the [house] board of al- 
dermen shall, after ten days, and within flf- 
teen days after such ordinance or resolution 
shall have been returned to it, proceed to re- 
consider and vote upon the same. If the 
same shall, on reconsideration, be again i 
passed by the votes of at least two-thirds 
of all the members of the board of a ldermen ; 
[elected to each house], it shall take effect; j 
provided that in case the ordinance or reso- | 
lution Involves the expenditure of money, ' 
the creation of a debt, or the laying of an 
assessment, [or the grant of a franchise] 
it shall require a vote of three fourths [five 
sixths] of all the members of the board of 
aldermen [each house] to pass it over the 
mayor’s veto; and if it involves the grant of 
a franchise, the mayor’s veto shall be final. 
If the ordinance or resolution shall fail to 
receive upon the first vote upon such recon- 
sideration such number of affirmative votes 


[in either house], it shall be deemed finally 
lost. In all cases the vote shall be taken by 
ayes and noes, and the names of the persons 
voting for or against its passage on such 
reconsideration shall be ente«rcd in the jour- 
nal of the house. In case an ordinance or 
resolution shall embrace more than one dis- 
tinct subject, the mayor may approve the 
provisions relating to one or more su’ojects 
and disapprove the others. In such case 
those he shall approve shall become effective 
and those he shall not approve shall be re- 
considered by the board of aidermen 
[house], and shail only become effective 
if again passed, as above provided. 

Ordlnauoes to reiiinln In force. 

Sec. 41. The ordinances which on Decem- 
ber thirty-firs t, eighteen hundred and nine- 
ty-seven, were [now] in force respectively 
in The City of New York, the city of Brook- 
lyn, Long Island City and the other munic- 
ipal and public corporations and parts 
thereof [hereby] consolidated with The 
City of New York, except so far as the same 
have since been modified, a mended, or re- 
pealed by the municipal assembly of The 
City of New York, and all ordinances which 
on January first, nineteen hundred and two, 
are in fo rce in The City of New York, are, 
so far as the same are not Inconsistent with 
this act, hereby continued in full force and 
effect within the former limits of said respec- 
tive cities and municipal and public corpora- 
tions, or parts thereof, subject to modifica- 
tion, amendment, or repeal by the bo ard o f 
alde rmen [municipal assembly] of The City 
of New York. Such ordinances may be en- 
forced by and in the name of “The City of 
New York.’’ 

[Municipal aKsciiihlyl Board of alder- 

lucn ; powers and duties of former 

boards. 

Sec. 42. [46] Except as otherwise provid- 
ed in this act, all the powers and duties 
which on December thirty-first, eighteen 
hundred and ninety-seven, were conferred 
or charged upon the common council or the 
mayor, aldermen and commonalty of The 
City of New York, or the board of aldermen 
thereof, or upon the common council of the 
city of Brooklyn or of Long Island City, or 
upon any board, body or officer of any of the 
municipal and public corporations or parts 
thereof, [hereby] consolidated with The 
City of New York, as heretofore known and 
bounded, and all the powers and duties 
which on January first, nineteen hundred 
and two, are conferred or charged upon the 
municipal assembly o f The City of New 
York shall be exercised and performed by 
the board of aldermen [municipal as.sem- 
bly] of The City of New York, as hereby 
constituted, subject, nevertheless, to Oe 
power of approval or disapproval by Moo 
mayor of said city, as provided in this MCt. 

Id.; police, lieallli, park, lire aud build- 
ing' regulutiuiiN, 

Sec. 43. [47] The board of aldermen 
[municipal assembly] shall have po-wer to 
make, establish, alter, modify, amend and 
repeal all ordinances, rules, and police, 
health, park, fire and building regulations, 
not contrary to the laws of the state, or the 
United States, as they may deem necessary 
to carry into effect the powers conferred 
upon The City of New York by this act, 
or by any other law of the state, or by 
grant; and such as [it] they may deem nec- 
essary and proper for the good government 
order and protection of per.djis and oraif 


8 


THE OHAIiTEli HE THE CITY OF NEW YORK. 


erty, al’d for the preservation of the Ij'ib'lic 
health, peace and prosperity iTf Sfitd ■ctTy'aTrri 
its inhabitants, except so far as power is 


conferred b.v this act upon presidents 

of 

boroughs, the police, health, park and 

fire 

departments respectively to make rules 

for 

the government of the persons employed in 

and by said departments. Nothing in 

this 

section contained shall be construed to 

im- 

powers conferred by this act upon 

the department of education [the legislative 


power respecting the health, police, park 
fire and building departments shall be con- 
ferred I’lpon such departments respectively 
by the provisions of this act, and except 
that any modification of the existing rules, 
regulations and ordinances affecting any of 
tite departments and- all ordinanpes to be 
passed to govern .the board of public , im-, 
provemeiits or any of the departments there- 
of, must .o”iginate with the department con- 
cerned, or with said board, and must be 
adopted or rejected by the municipal as- 
sembly without amendment. 1 

111.; [forejfcilnal oniiiiiernlor* of pow- 
ers not rcKtrletive: S'enernl power. 

Sec. ^0.^ [uO] [The foregoing or other] 
No enumeration of powers in this act shall 
tnot] bp held to limit the legislative power 
ot the ho ard of alderm en [municipal assem- 
bly] which in addition to all enumerated 
powers, [thereto] may exercise all of the 
power vested in- The- City of Newi York by 
this ihct, or otherwise, by proper ordinances, 
■rules, regulations and bylaws not inconsist- 
C.nt with .the provisions of this ^ct, or with 
14k-; constitution -Or claws of the United States 
,>pr Pt-thls stateij and, subjept to 8;,uch limita-; 
jjtions, .^ade froii^. time to .time, ordain and pass" 
'■''all siich ordinances, rules, regulations and by- 
laws applicable throughout the whole of said 
or anpi icable only tos peci lied nortlons thereof, 
^ fp plie^aid board of aldermen [municipal 
assembly] may seem meet for the good rule 
and government of the city, and to carry out 
the purposes and provisions of this act or 
of other laws relating to the said city, and 
may provide for the enforcement of the same 
by such fines, penalties, forfeitures and ira- 
jirisonment as may by ordinance or by-law 
be prescribed. 

KraiicUiscs for «freet railwaTs [; fer- 

riesl. 

See. 45. The board of aldermen [munici- 
pal assembly] is authorized to grant from 
time to time to any corporation thereunto 
duly authorized the franchlsfe or right to con- 
struct and operate railways in, upon, over 
under and along streets, avenues, waters, 
rivers, public places, parkways or highways 
of the city, but no such grant shall be made 
except upon the limitations and conditions 
of this act elsewhere provided in respect of 
the grant by tue biarJ of i;;dermen [mu- 
nicipal assembly] of franchises and" rights 
in or un der the street, avenues, waters, rivers. 
])ubj^places, parkways and highways^f the 
city. [And further, to the end that cheap 
and convenient intercourse may be had be- 
tween all parts of the city. The City of New 
York, as hereby constituted, shall have full 
and exclusive power to establish, and full 
power to enjoy by leasing the sam? or other 
■\vise. and to maintain and regulate ferries 
over all streams and waterways within or ad- 
joining the limits of the said city,] The 
board of aldermen [municipal assembly] 
may pass appropriate ordinances not incon- 
sistent with law cr with this act. or with vest- 
ed rights of e.xistihg companies or eor- 
(xirations to etifcrce the nroyisions of thU 


sebTion'an'd tb carry but its purposes. Nothing 
In this act contained shall repeal or affect in 
any manner the provisions ot the rapid transit 
acts applicable to the corporation heretofore 
Known as the mayor, aldermen and common- 
alty of The City ot New York, or any muni- 
cipality united therewith or territory em- 
braced therein, or to repeal or affect the 
existing general laws of the state in respect 
to street surface railroads. The consent or 
approval of the board of aldermen to or for 
the issue of corporate stock of The City of 
New York, as provided by section one hun- 
dred and si.xty-uine shall not be necessary 
to authorize the controller to issue such 
stock for the purposes prescribed in [said] 
chapter four of the laws of eighteen hun- 
dred and ninety-one as amended. The board 
of estimate and apportionment and the con- 
troller of The City of New York shall, any- 
thing herein contained to the contrary not- 
withstanding, be subject to all the duties and 
obligations prescribed in said chapter four, 
of the laws of eighteen hundred and ninoty.- 
cne as amended for the board of estimate and 
apportionment and controller therein mca- 
tioned. Upon the execution of any contract 
made purstiant to chapter four ot the laws 
of eighteen hundred and ninety-one as 
amended, the board of rapid transit railroad 
commissioners may. in its discretion, make 
request upon the board of estimate and ap- 
l)ortionraent for the authorization of such 
corporate stock, either for such amounts from 
lime to:.tlme as they shall deem the progress 
ofilhe work to require, or, for the full amount, 
sufficient to pay the entire estimated expense 
ofj executing such contract. In ease'’ tliey 
shall'make requisition for the entire amouat, 
thetcontroller shall ;indorse on the contract 
his certificate that • funds are available for 
the entire contract whenever such stock shall 
have been authorized to be issued by said 
board ot estimate and apportionment; and 
in such case such stock may be Issued from 
lime to time thereafter in such amounts as 
may bei necessary to meet the requirements 
of such contract. The certificate ot the con- 
troller. mentioned in section one hundred and 
forty-nine of this act, shall not be necessary 
to make such contract binding on The City 
of New York. 

Power to aoiinire atld itioiinl water 

worlds. 

Sec. 46. [42] The board o f aldermen 

[municipal assembly] is authorized, in ac^ 
cordance with the provisions of this act, 
to construct, establish, and maintain, or 
to acquire by purchase or condemnation and 
maintain in all parts of the city additional 
water works to supply the city or any part 
thereof and its inhabitants with water and to 
provide for the distribution and sale to the 
inhabitants of the city of such water and fix 
the terms thereof, and acquire and hold prop- 
erty, real and personal, within and beyond 
the limits of the city for said purposes. The 
board of aldermen [municipal assembly] 
may pass appropriate ordinances, not incon- 
sistent with law, with this act or with any 
vested rights of existing companies or cor- 
porations, to enforce the provisions of this 
section and to carry out its purposes. 

[I«l.;l Further powers) hoiid.<i for speci- 
fied piihlic Improvements. 

Sec. 47 [48] The boa rd of alder men [mu- 
nicipal assembly] shall, have power~to pro- 
vide by ordinance far the acquisition, con- 
struction, or establishment of markets; for 
the acquisition, eoustrucilon of parks, park- 
ways, boulevards and driveways; for the 
building of bridges [and the establishmein 


of ferries] over, and of tunnels under 
any stream or waterway within or ad- 
joining the limits of the city; for the build- 
ing of docks, wharves or piers, and for ac- 
quiring land by purchase or condemnation 
for said purposes; for acquiring or construct- 
ing public buildings, including school houses 
and sites therefor for the use of the cityi 
for the repaving of streets; and for any of 
the foregoing purposes, may create loans and 
authorize the issue of bonds or other evi- 
dences of indebtedness to pay for tha aaniev 
payable at such times and. in sUjCh, manner;, 
and at such rates of, interest aa iit may 
by ordinance pnesijribg,; ijMt ' no, bond* 
cr other. > <?J indebtedness 

shall lj.e, -issued, itujidw the ai«,th>oir- 
iiy ‘of this section,, unless the proposition for 
creating such debt shall-first be approved by 
a maj;opity. vote oif .the whole [a resolution 
or vote . of a majority of all the members 
of the] board of estimate and apportionment, 
entered on the minutes or record of such 
hojard; [and provided further, that in the 
ease of the issue of bonds or other evidences 
of indebtedness for the repaving of streets, 
the vote of the board of estimate and ap- 
portionment must be unanimous.] 

Bouril of aldermen, l o act wttliln lim - 
it ed time on bond Isan eM and erantu 
of tranohlwes. 

Sec. 48. Afte r any . proposition for creati ng 
a debt by the issue of bonds for any of the 
purposes specified in section forty-seven of 
this act ds amended, dr after any proposed 
franchise or right to use the streets, avenues , 
waters, park-ways or • highways .of the., city, 
has been approved by a resolution or vote 
of the board of estimate and apportionment, 
it shall be the duty of the board ot aldermen 
noon receiving a copy of such resolution or 
vote to appoint a day not less than one week 
nor more than two weeks after receipt there- 
of for the consideration of the subject mat- 
ter. The board of aldermen shall, on the 
day so fixed, proceed with the consideration 
thereof, and may continue and adjourn such 
consitieration from time to time until a 
final vote shall, be taken thereon as herein- 
after provided. Within six week s after the 
cony of such resolution or vote of the board 
of estimate and apportionment shall have 
been first received by the board of aldermen, 
a final vote shall be taken thereon by ayes 
and noes. If a majority of all the members 
of the board ct aldermen shall vote against 
such proposition or franchise i t shall be 
deemed to be rejected. If a majority of 
all the members of the board of aldermen 
shall not vote against such proposition or 
franchise within the six weeks above limited, 
then it shall be deemed at- the expiration of 
said period to have been passed by the requl- 
site vote of the board of aldermen. The 
action of the board of alde rmen in passing 
any such proposition or franchise, whether by 
an affirmative vote, or by a failure of a ma- 
jority of all the members of the board of 
aldermen t o vote again st the same, shall 
be subject to the approval of the mayor and 
to the action of the board of alder men in ease 
of a veto, as provid ed in section forty of 
t his act . 

111.! oriliitniiees nnil resrnlatinnn for 

oertnlu purpose w. ' 

Sec. 49. The board of aldermen shall have 
power to make, amend and repeal ordinances. 


CHARTEU of the pity of new YORK. 9 


rules, regulations and by-laws not inconsist- 

not release said company from any obligations 

gutters and removiug of ice and snow from 

enf. with this act. or with the constitution 

required by law to keep such streets and 

them. 

anfl laws of the United States or of this 

avenues, or any part thereof, in repair, which 

7. To regulate the use cf streets and side- 

state,' for the following purposes: 

said obligations and the contracts, laws or 

walks, for signs, sign posts, awnings, awning 

1. In relation to the inspection and seal- 

ordinances, (treating and enforcing the same. 

posts, horse troughs, urinals, telegraph posts 

Ing of weights and measures, and the keep- 

are hereby continued in full force and opera- 

and other purposvs. 

8. To provide for and regulate street 
pavements, crosswalk.^, curbstones, gutter- 
stones, sidewalks, and lo prc(it2e for regulat- 
ing, grading, flagging, cu.-biiig, gi.t.,c.'ing and 
subject to the provisions of this act, lighting 
streets, roads, places and avenues. 

0. To regulate public crie.., adverMslng 

ing in use of proper weights and measures 

lion. But notlimg in this subdivision con- 

by vendors. 

II. In relation to the inspection, weighing 

tained shall be construed to release any 

railroad company in The City of New York, 

and measuring of firewood, coal, hay and 

as constituted by this act, from any duty 

straw and the cartage of the same. 

or obligation existing at the time this act 

II. In relation to street vagrants, beggars 

takes effect by virtue of any law. ordinance 

and mendicants. 

or contract. 

noises, steam whistles and ringing bells in 

4. In relation to the use of guns, pistols. 

Ordinances in relation to the matters men- 

the streets. 

firearms, firecrackers, fireworks and de- 

tioned in this section mav provide for the 

10. In relation to street vagrants, beggars 

^nating works of all descriptions. 

enforcement thereof in the manner specified 

and mendicants. 

.5. In relation to intoxication, fighting and 

in section forty-four of this act as amended. 

11. In relation to the use of guns, pistols, 
firearms, firecrackers, fireworks and detonat- 
ing works of all descriptions within the city. 

12. In relation to into.;icatiou. fighting and 
quarreling in the street. 

13. In relation to jilaces of public amuse- 
ment. 

quarreling in street, the b-eakiug or en- 

[Subject to (he provisions of this act. the 
municinu! assembly shall have power within 
said cUy to make, establish, publi.sh and mod- 
ify, amend or repeal ordinances, rules, regu- 
lations and by-laws not inconsistent 

tinguishing of street lamps, and the willful 

breaking or defacing of windows, porches, 
knockers or other fixtures'. 

6. In relation to places of public amuse- 

nient. 

7. In relation to the construction, repair 
and use of vaults, cisterns, areas, hydrants. 

with this act. or with the constitution or 
the laws of the United States, or pf this state, 
for the following purposes; 

14. In relation to exhibiting banners, pla- 
cards or flags in or across the streets, or 
from houses or other buildings. 

sewers and pumps. 

•S. In relation to partition fences and walls. 

1. In relation to the inspection and sealing 
of weights and measures, and the keeping in 
use of proper weights and measures by ven- 
dors; and may by ordinance regulate the du- 
ties; and fees or salary of the inspectors of 
weights and measures and of the sealers of 
weights and measures, and may impose such 
penalties for using weights and measures and 

1.1. In relation to the erection, maintenance 
and repair of public fountains for the use 

9. In relation to the construction, repair. 

of man and animals, at convenient points 

care and use of markets. 

10. For the preservation and protection of 

along the streets and avenues and public 
places. ‘ 

1C. In relation to the e.xhibition of adver- 
tisements or handbills along the streets, ave- 
nues Of public places. 

17. In relation to the construction, repair 
and use of vaults, cisterns, areas, hydrants, 
sewers and pumps. 

18. In relation to partition fences and walls. 

1.9. In relation, to the construction, repair. 

all or anv of the worKs connected with the 

supplying of The City of New York with pure 

and wholesome water. 

11. To regulate the fees for searches and 

scale-beams which shall not have been in- 
spected and sealed in conformity to the 

certificate;^ to be charged- by the collector 

ordinances, and to provide for the appoint- 

of assessments and arrears. 

III. To regulate swimming and bathing in 

ment of such inspectors and sealers by the 
mayor as to them shall seem proper. They 

waters of and bounding the city, to estab- 

may assign a particular district of the said 
city for each of said inspectors and like- 
wise for each of the sealers of weights and 
measures, and may confine them in the i>er- 
tcrmance of their duties to such districts 
respectively. 

care and use of markets. 

lish and maintain such public baths and pub- 

20. In relation to tho licensing and busi- 

lie, comfort stations as they may deem neces- 

ness of public cartmen, truckmen, hacktnen. 
cabmen, eXprossmeu, car drivers and boat- 
men, pawnbrokers, junl. dealers, keepers of 
intelligence offices, dealers in secondhand ar- 
ticles, hawkers, peddleiis. vendors and the 
keeping of dogs, menag,ieries, circuses, com- 
mon .shows and scalpers in coal freights, bone 
boiling, fat renOering tiid other noxious busi- 

sary, and to establish suitajlo rules and 

regulations for the management of the same. 

13. To prohibit and suppress all gaming 

12. In relation to the in.spection, weighing 
and measuring of firewood, coal,, hay and 
straw and Ihe cartage of the same. 

3. To regulate the use of streets, high- 

houses and places for gaming in the said 
city. 

14. To provide for the more effectual sup- 

pression of vice or immorality, anil the pre- 

ways, roads, public places and sidewalks by 

nesses, and to fixing, the license, if anv. 

serving of peace and good order in said ciiy. 

foot passengers, animals, vehicles, cars, mo- 

therefor. .All licenses created therefor shall 

15. To enlarge or extend from lime to time 

tors and locomotives, and to prevent en- 
croachments and obstructions to the same, 
and to authorize and require their removal 
by the proper department; but they shall have 
no power lo authorize the placing or con- 
tinuing of any encroachment or obstruction 
upon any street or sidewalk, except the tern- 

be according to an established form, and shall 
be regularly numbered and duly registered, 
as shall he prescribed by the' municipal as- 
.sembly; provided, however, that all laws 
heretofore passed In respect to the avoca- 
tions above named within the city, shall re- 
main in full force and effect, to the e.xclusion 
of any ’power granted by this provision so 

the limits of the fire district of the city. 

and to establish additional fire districts, and 

from time to time to extend the same. 

16. To regulate the use of every building 

now used or hereafter to be used as a hotel. 

in so far as the use thereof may involve 

porary occupaticn thereof, during the erec- 

ihe safety of the inmates in case of fire. 

tion or repairing of a building on a lot op- 

far as their, terms shall require. 

17. .\nd the board of aldermen shall also 

posite the same, nor shall they permit the 

21. The municipal assembly shall also fix 

fix the annual license fee, not exceeding the 
sum of twenty dollars, for each street or 
horse car daily operated or used in that por- 

erection of booths and stands within stoop 
lines, except for the sale of newspapers, pe- 
riodicals, fruits and soda water, and with 
Ihe consent in such cases of the owner of 
the premises. 

4. To regulate by general ordinance, the 
opening of street surfaces for purposes au- 
thorized by law, subject to such restrictions 
a.s have already been prescribed by statute. 

the annual license fee, not exce*xling the sum 
of twenty dollars, for each street or horse 
car daily operated or used in that portion of 

tion of the city heretofore known as the city 

the city heretofore known as the city of 
Brooklyn. Every railroad company operat- 
ing or using such cars, uhall, on or before 
the first day of June In each year, certify to 
tho city clerk the average number of cars 
daily operated and used by said company, 
which certificate shall be verified by the oath 
of one of the managing officers of said com- 
pany, and every such ra T.road company shall. 

of Brooklyn. Every railroad company oper- 

atin.g or using such cars shall, on or before 

the first day of June in each year, certify 

to the city clerk the average number of cars 

daily operated and used by said company. 

.7. To regulate the numbering of the houses 

which certificate shall be verified by the oath 
of one of the managing officers of said com- 

and lots in the streets and avenues and the 
naming of streets, avenues and public places; 

pany, and every such railroad company 

but it shall not be lawful to number or re- 

on or before the first day of July lit each year. 

shall, on or before the first day of 
July in each year, pay to the chamber- 

number any liouse or to change the name of 
any street, avenue or public place, save 
between the first day of December of any year 
and the first day of May next ensuing. 

G. To regulate, and prevent the throwing 
or depositing of ashes, offal, dirt or garbage 
in the streets, and subject to the other pro- 
visions of this act, to regulate the clean- 
ing of the streets, avenues, sidewalks and 

pay to the chamberlain, of The City' of New 
York the license fees bo established for the 

lain of The City of New York the !i- 

average number of car; so operated and used 
by said company. Thij-said license fee shall 
be taken in full sati'rfa ction for the use of 
the streets or avenu es,'. but the same shall 
not release said eontpr ny from any obliga- 
tions required by la.w to keep such streets 
and avenues or any part thereof, in repair. 

cense fee so established for the aver- 

age number of cars operated and used 

by said company. The said license fees shall 

be taken in full satisfaction for the use of 
thd streets or avenues, but the same shall 


10 


THE CHARTER OP THE CITY OF NEW YORK. 




1^'h^ch said obligatioDs and the contracts, laws 
or ordinances, creating and enforcing the 
same, are hereby continued in full force and ! 
operation. But nothing in this subdivision ! 
contained shall be construed to release any 
railroad company in The City of New York, 
as constituted by this act, f»om any duty 
or obligation existing at the time this act 
takes eifect by virtue of any law, ordinance 
or contract. 

22. To the more effectual suppression of 
vice or immorality, and the preserving of 
peace and good order in said city. 

23. For the licensing and otherwise regu- 
lating the use of dirt carts. 

24. For the preservation and protection of 
all or any of the works connected with the 
supplying of The City of New York with 
pure and wholesome water. 

25. To regulate the fees for searchers and 
certificates, to be charged by the collector of 
assessments and arrears. 

26. To make such regulations in reference 
to the running of stages, omnibuses, trucks 
and cars as may be necessary for the conveni- 
ent use and the accommodations of the 
streets, piers, wharves and stations, and 
W'henever in shipping or receiving goods, 
wares or other merchandise at any of the 
shipping lines, by steamboat, canal boat, sail- 
ing vessels, railroad, or from or to any ware- 
house during the specified hours for receipt 
or delivery of freight, a truckman is unrea- 
sonably detained over thirty minutes by rea- I 
son of said steamboat, canal boat, sailing 
vessel, railroad company or warehouse not 
employing sufficient help for prompt receipt 
or delivery of freight, or by reason of the 
failure to use all of the facilities at their dis- 
posal for the prompt receipt and delivery of 
freight, to regulate the amount, said truck- 
men shall be entitled to be paid, which 
abount shall not be less than the sum of 
one dollar per hour for every hour which he 
is so unreasonably detained, which amount 
shall be paid to said truckman by the com- 
pany, corporation or person causing such de- 
lay, 

27. To regulate the rates of fare to be 
taken by owmers or drivers of hackney 
coaches or carriages; such owners shall pay 
an annual license fee to be determined by the 
municipal assembly. 

28. The municipal assembly may authorize 
the establishment, operation or extension of 
any right for the running of omnibuses or 
stages, and may determine or alter such 
authority comformably to the statutes ap- 
plicable thereto. 

29. To regulate swimming and bathing in 
the w^aters of or bounding the city, and to es- 
tablish and maintain in the city such public 
baths and public comfort stations as' they 
may deem necessary, and to establish suit- 
able rules and regulations for the manage- 
ment of the same. 

30. To prohibit and suppress all gaming 
houses and places for gaming in the said 
city. 

31. To enlarge or extend from time to time 
the limits of the fire district of the city 
and to establish additional fire districts, and 
from time to time to extend the same. 

32. To regulate the use of every building 
now used, or hereafter to be used as a hotel, 
In so far as the use thereof may involve the 
safety of the inmates in case of fire, by such 
ordinance or resolutions only as may be 
prepared and recommended to the said mu- 
nicipal assembly by the head of the depart- 
ment of buildings.] - 

Id.; to reg^'ulate the use of streetK, 

l>roco8si oii«. etc* . 

Sec. 50. The board of aldermen shall have 


power to regulate the use of streets and side- 

or waters within The City of New York of 

walks by foot passengers, animals or vehi- 

fountains, public comfort stations, urinals, 

cles; to regulate the speed at which horses 

public baths, or other, like structures main- 

shall be driven or ridden and at which vehi- 

tained by the public authorities; for the es- 

cles shall be propelled in the streets; to 

tablishment of which the said board is here- 

regulate processions or parades occupying or 

by empowered to provide. All general ordi- 

marching upon any street; to prevent en- 

nances relating to authorized structures, en- 

croachments upon and obstructions to the 

croachments or obstructions in or upon the 

streets and to authorize and require their 

streets or sidewalks by persons other than 

removal by the proper officers; to regulate 

the authorities of The City of New York, or 

the opening of street surfaces for purposes 

other public authorities, shall fix a definite 

authorized by law; to regulate the number- 

lifcense fee for every such authorized struc- 

ing of houses and lots in the streets and 

ture, encroachment or obstruction according 

the naming of streets, except that it shall not 

to the character, extent and duration there- 

be lawful to number or renumber any houses 

of, and shall provide for the issuing of re- 

or to change the name of any street save 

vocable licenses therefor, which shall be ac- 

between the first day of December in any 

cording to an established form and shall be 

year and the first day of May next ensuing; 

regularly numbered and duly registered as 

to regulate and prevent the throwing or 

shall be prescribed by the board of alder- 

depositing of ashes, garbage or other filth 

men. 

Id.: licencing: and regalating: certain 

or rubbish of any kind upon the streets; 

to regulate the use of the streets for signs, 
sign posts, awnings, awning posts, horse- 
troughs, urinals, posts for telegraph or other 

trader or liUHinoNK: doa* licenses, etc. 

Sec. 51. The board of aldermen shall hav.A 

electric wires, and other purposes; to regu- 

power to provide for the licensing and 

late street pavementfe, cross-walks, curb- 

otherwise regulating the business of dirt 

stones, gutter-stones and sidewalks; to pro- 

carts, public cartmen, truckmen, hackmen, 

vide for regulating, grading, flagging, curb- 

cabmen, expressmen, car drivers and boat- 

ing, guttering and lighting the streets; to 

men; of boot-blacks; of pawnbrokers, junk- 

regulate public cries, advertising noises, 

dealers, keepers of intelligence offices, deal- 

steam >whistles, and ringing bells in the 

ers in second hand articles, hawkers, ped- 

streets; to regulate the exhibiting of banders. 

dlers, vendors and scalpers in coal freights; 

placards or flags in or across the streets 

of menageries, circuses and common shows; 

or from houses or other buildings; to regu- 

o^ bone boiling, fat rendering and other nox- 

late the exhibition of advertisements or 

ious businesses; and shall have power to pro- 

handbills along the streets; and to make all 

vide for licensing the keeping of dogs. The 

such regulations in reference to the run- 

board of aldermen shall also have power to 

ning of stages, omnibuses, trucks and cars 

regulate the rates of fare to be taken by 

as may be necessary for the convenient use 

owners or drivers of hackney coaches, car- 

and the accommodation of the streets, piers. 

riages, motors, automobiles or other vehi- 

wharves or stations. Whenever . the word 

cles, and to compel the owners thereof to 

“street” or the plural, thereof occurs in this 

pay annual license fees. All ordinances in 

section it shall be deemed to include all that 

relation to any of the matters mentioned in 

is included by the terms “street, avenue. 

this section shall be general, shall provide 

road, alley, lane, highway, boulevard, con- 

for the enforcement Thereof in the manner 

course, public square and public place” or 

specified in section forty-four of this act 

the plurals thereof respectively. Wherever 

as amended, and shall fix the license fees 

the Avord “vehicle” or the plural thereof oc- 

to be paid, if any. All licenses shall be ac- 

curs in this section it shall be deemed to 

cording to an established form, ahali bo 

include wagons, trucks, carts, cabs, • car- 

regularly nTimbered and duly registerf 
shall be prescribed by the board of aldez- 

riages, stages, omnibuses, motors, automo- 

biles, locomobiles, locomotives, bicycles, tri- 

men. 

Rnle.s and reftiilatioiis a« to navigable 
water.s Avitliiii the city limits. 

. Sec. 52. [315. It shall be the duty of the 

cycles, sleighs or other conveyances for per- 

sons or property. The board of aldermen 
shall not have power to authorize the plac- 

ing or continuing of any encroachment or 

obstruction upon any street or sidewalk, ex- 

board to provide and enforce] The board of 

cept the temporary occupation thereof dur- 

aldermen shall have power to establish by 

ing the erection or repairing of a building 

general ordinances proper rules and reg\i- 

on a lot opposite the same, nor shall they 

lations for the safety of passengers on excur- 
sion steamers, yachts and all craft taking part 
in regattas ot races, whether as observers or 
participants, in the navigable waters embraced 
within the’ corporate limits of the city and 
[to preserve] for preserving the public 
peace and [prevent] preventing undue in- 
terference with, or interruption of such 
regattas and races. Such rules and regulations 
when so adopted shall be duly published in 
the public newspapers and any willful viola- 
tion of the same by any person shall subject 
the offender to the penalties of a misdemeanor 
and if the holder of a license from the city 
to a forfeiture thereof. 

LioeiiKOi to run omnibuHes, etc. 

Sec. 53. The board of aldermen shall have 

permit the erection of booths and stands 

within stoop liurj^;. except for the sale of 

newspapers, periodicals, fruits and soda- 

water, and with the consent in such cases 

of the owner of the premises. The board of 

aldermen shall not pass any special ordinance 

in relation to any of the mutters mentioned 

in this section. All ordinances in relation 

thereto shall be general ordinances which 

may either apply throughout the whole city 
or throughout specified portions thereof, and 

shall provide for the enforcement thereof as 

specified in section forty-four of this act 

as amended. Nothing herein contained shall 

be construed to prevent the board of alder- 

men from providing by special ordinance for 

power to authorize the establishment, opera- 

the erection or maintenance on the streets 

tion or extension of any right for the run- 


.THE CHARTER OF THE CITY OF NEW YORK, 


I 


11 


ning of stag es or omnibuse s, whether op- 
erated b y horses ^ by other motive power, 
and to license and regulate such stages and 
omnibuses. Every proposition for a license 
to maintain or operate a line of stages or 
omnib uses, or to extend an existing line, or 
to change the motive power, shall be referred 
b y th e board of aldermen to the board of 
estimate and a pportionment, who shall, after 
due inquiry, recommend such terms and con- 
ditions for granting the same as in their 
jt^gjnent will beH protect the interests jof 
the city and th e **Iaveling public. It shall be 
one of the con ditions of granting any such 
licen se that the pe rson operating the same 
shall it y annually into the cit y treasury for 
the first live years after commencing opera- 
t ions thereunder five per cent, of the gross 
receipts of the e ntire route, and shall pay 
into the city treasury an nuall y, after the ex- 
piration of such live years, seven per cent, 
of s uch gross receipts. No such license 
shall be granted by the board of aldermen 
except on terms and conditions approved by 
the beard of estimate and apportionment. 
N o such license shal l bo granted for any 
longer period than twenty-five years; but 
th e ord inance g ranting such license ma y pro- 
vide. upon payment of an increased percent- 
age to be fixed therein, for giving the grantee 
a renewal for a further period of not more 
than twenty-fi ve years. Upon the adoption 
of an ordinance by the board of aldermen 
granting a license as i n this section pr ovi ded , 
the route may be maintained and operated 
in accordance therewith, and the own ership 

of such route may b e transferred. No li- 

cense granted under this section shall eon- 
fer any exclusive privi lege unless 

the cons ent in writing, duly acknowledged. 
of th e owners of a majority of th e prop- 
erty in each of th e streets along the pro- 
posed route shall have been ohtained and 
filed with the boaxd of alder me n before the 
adoption of the or dinance granting such l i- 
c ense. 

[Poxver to appoint special committees;] 

Id.: to see to tlic faltlifnl exe^'iilion 

of tlie laws , etc. 

Sec. 54. [44] The boai^l pTal^jmip [mu- 
nicipal assembly] shall have power and it 
shall be its duty to see to the faithful exe- 
cution of the laws and ordinances of the city; 
and it may [the municipal assembly may. by 
joint”resoluticn] appoint from time to time 
a special committee to inquire whether the 
laws and ordinances of the cliy relating to any 
subject or to any department of the city gov- 
ernment are being faithfully observed and 
the duties of the officers of such department 
or of any officer of the city are being faith- 
fully discharged, also to examine and re- 
port whether there are any unnecessary, in- 
efficient or unfit employes, any excessive sal- 
aries or compensations paid and generally 
in respect of any and all matters which will 
conduce to the orderly and economical admin- 
istration of the affairs of the city government 
or any department thereof. Such committee 
shall have access to the boo.ks and records 
of the city or of any department or officer 
thereof. 

Id.; .seeurity to he required from cer- 

tniii officers. 

Sec. 55. It shall be the duty of the board o f 
aldermen [municipal assembly] where no 
provision has been made by law in respect 
thereto to provide for the accountability of 


all officers and other persons, save as here- 
in otherwise provided, to whom the receipt 
or expenditure of the funds of the city shall 
be entrusted, by requiring from them suffi- 
cient security for the performance of their 
duties of trust, which security shall be an- 
nually renewed; but the security first taken 
shall remain in force until new security shall 
be given. In the eve nt of a failure of the 
board of aldermen to fix any such bond, the 
head s of the respective departments and the 
presidents of t h e severa l boroughs shall have 
powe r to fi x such bond subject to modifica- 
ti on by the board of al dermen. 

(Id.; prescribed] Salaries of oinecrs. 

Sec. 56. Tlie salaries of all officers whose of- 
fices may be created by the board of alder- 
men [municipal assembly] for the purpose 
of giving effect to the provisions of this act. 
shall, subject to the other provisions of this 
act, be prescribed by ordinance or resolution. 
I t sha l l be the dut y of the board of alder- 
men [the municipal assembly shall have 
power], upon the recommendation of the 
board of estimate and apportionment, to fix 
the salary of every [any] officer or person 
whose compensation is paid cut of the city 
treasury other than day laborers, irrespect- 
ive of the amount fixed by this act, except 
that no change shall be made in the salary 
of an elected officer or head of a department 
during his tenure of office [the term for 
which he was elected or appointed], Sala- 
ries need not be uniform throughout the sev- 
eral bo roughs, but may, in the discretion of 
the board of estimate and appor tionment, be 
made to c onsist of two elements: First, re- 
niuneration for wor k done, which shall be 
Oie _Mme througjicut all the boroughs for 
position s of like character; Second, an addi- 
tional sum based u po-n an estimate of the 
prevailing renta ls and expenses of living in 
the borough where the services rendered are 
performed, and which may vary in the sev- 
eral boroughs. The board of aldermen may 
reduce but may not increase any salary rec- 
ommended by t he boa rd of estimate and ap- 
portionment: but the action of the board of 
ald ermen on reducing any salary so recom- 
mended shall be subject to the veto power 
of the mayor as provided in section forty of 
this act. In ca se the board of aldermen shall 
vote to reduce more than one salar y, the 
mayor may approve the reduction of one or 
more salaries and may disapprove the re- 
duction of others. I n such case the reduc- 
tions he shall approve shall become effective; 
and as to those which he shall not approve, 
the recommendations of board of esU- 

ra a t e anJ5pporti^ment_^£n_beeome_elfec- 

tive u nless the reductions be again passed 
by a three-f ourths vote of the board of ai- 

dermen in the manner pr ovided in sectio n 
forty of this act. All s alaries as fixed on the 
first day of Jan uary, nineteen hundred and 

two, shall con tinue in force until fi xed by 
the boar d of aldermen as in this section pro- 
vided. 

Id.; j>nl»lloatloii of [code of] ordl- 

iianeeH; eodlffeatloii. 

Sec. 57. The ordinances in forc e in The City 
of New York [of the municipal assembly] 
shall, as far as practicable be reduced to a 
code and published. The board of aldermen 
shall annually appoint a committee whose 

duty it shaJl be to compile The general ordi- 

nances in force on January first, nineteen 
hundred and two, so far as the same remain 


in force, together with all general ordinance* 
thereafter adopted; and the board of alder- 
men shall cause such general ordi nances so 
complied to be a nnually publishe d. 

Id.; ooiiiiiiiSHloiiers of deeds; appolut- 
luent; [powers of] oath; term; elerk 
the refor. 

Sec. 58. The board of aldermen Is hereby 
authorized and Is empowered to appoint com- 
missioners of deeds from time to tim^, who 
shall hold their offices for two years from the 
date of their appointment; such appointment 
shall not require [the concurrence of the 
council nor] the approval of the mayor, and 
hereafter, at the time of subscribing or filing 
the oath of office, the city clerk shall collect 
from each person appointed a commissioner 
of deeds the sum of five dollars, and 
he shall not administer or file said oath 
unless said fee has been paid. All fees col- 
lected by the city clerk under and by virtue 
of this act. except as hereinafter provided, 
shall be accounted for and paid over 
monthly into the treasury of the city. 
The city clerk, shall appoint an officer, to 
be known as commlssio-ner of deeds clerk, 
v/hose duties shall be to enter the names of 
commissioners of deeds appointed, in a book 
kept for that purpose, make out certificates of 
appointment and to diacharge such other duties 
as the city , clerk may designate. Said com- 
missioner of deeds clerk shall receive a sal- 
ary at the rate of twelve hundred dol- 
lars per annum, payable monthly. Any 
person hereafter appointed to the offico 
of commissioner of deeds in and for The City 
of New Y’ork by the board of aldermen, befora 
entering upon the discharge of the duties , of 
said office and within thirty days after such 
appointment, shall take and subscribe before 
the commissioner of deeds clerk, in the office 
of the city clerk, the following oath of office; 
That the appHoant is a citizen of the United 
States and of the state of New York, and a 
resident of the city of New York; that he will 
support the constitutioo of the United States 
and the constitution of the state of New York, 
and faithfully discharge the duties of the 
office of commissioner of deeds. Any . com- 
missioner of deeds who may remove from the 
city of New York during his term of office is 
hereby required to notify the city clerk of such 
removal. Any person appointed to the office 
of commissioner of deeds under the provis- 
ion of this section upon qualifying as above 
provided may take acknowledgments and ad- 
minister oaths in any part of The City of 
New York, without filing a certificate of his 
appointment in the office of the clerk of the 
county in which he resides or in which the 
borough in which the acknowledgment ia 
taken or the oath administered is situated, 
arid all papers so acknowledged or verified 
shall be recorded or read in evidence with- 
out any further proof in all the boroughs 
of The City of New York. The city clerk 
upon the request of any commissioner ap- 
pointed under the provisions of this act must 
make and deliver to such commissioner a 
certificate under his hand and official seal, 
showing the appointment and term of office 
of such commissioner, which certificates may 
be filed in the office of the clerk of the coun- 
ties of New Yc;*k, Kings, Queens and Rich- 
mond upon payment. of six cents in each of- 
fice for filing. The clerks of the counties 
of New York, Kings, Queens and Richmond 
shall each keep a book in which shall be reg- 
istered the signatures of the commissioners 
so filing such certificate, and said clerks of 
the counties of New York, Kings, Queens 
and Richmond shall, upon demand and upon 
payment of the sum of twenty-five centv 
authenticate a certificate of ackrtowledgmijti 


12 


THE CHARTER f)F THE CITY OF NEW YORK. 


or proof or oath taken before such a com- 
nilsslouer of deeds, by subjoining or attach- 
ing to the original certificate of acknowledg- 
ment or proof or oath, a certificate under 
his hand and official seal specifying that at 
the' time of taking the acknowledgment of 
proof, the officer taking it was duly author- 
ized to take the same; that the authenticat- 
ing .officer is acquainted with the former's 
handwriting, or has compared the signature 
to the original certificate with that deposited 
in his office by such officer, and that he ver- 
ily believes the signature to the original 
certificate is genuine, and if the original 
certificate is required to be under seal, he 
must also certify that he has compared the 
impression of the seal affixed thereto with 
the impression of the seal of the officer who 
took the acknowledgment or proof deposited 
in his office, and that he verily believes 
the impression of the seal upon the original 
certificate to be genuine, without regard to 
the county in which said acknowledgment 
was taken or oath administered, provided 
that said county be wholly within The City 
of New York, cr if ii be partly within The 
City of New' York, that the acknowledg- 
ment was taken or oath administered in that 
portion of said county which is included 
within the boundaries of The City of New 
York, Any instrument or paper acknowl- 
edged before a commissioner within The 
City of New York and (Certified by the clerk 
of the county of New York, Kings, Queens 
or Richmond, as hereinbefore provided, shall 
be recorded and read in evidence in any 
county of this state without further proof. 
The term of office of every commissioner of j 
deeds who, on the first day of May, 189S, shall ! 
be holding over after a term of two years, 
shall then cease. 

[Muiileipal asHrinltly] Boa ril of alder- 

uieii; trustees of public property. 

Sec, 59. Th e b6 ard o f alderme n [munici- 
pal assembly] and the several members 
thereof and all officers and employes 
of the city are hereby declared trus- 
tees of the property, funds and effects of 
said city respectively, so far as such property, 
funds and effects are or may be- committed 
to their management or control, and every 
person residing in said city, when authorized 
to pay taxes therein, and w'ho shall pay taxes 
therein is hereby declared to be a cestui que 
trust in respect to the said property, funds 
and effects, respectively; and any co-trustees, 
or any cestui nue trust, shall be entitled, as- 
against said trustees, and in regard to said 
property, funds and effects, to all the rights 
and privileges provided by 'law for any co- 
trustee or cestui que trust to prosecute and 
maintain any action to prevent waste and in- 
jury to any property, funds and e.state held in 
trust. Such trustees are hereby made subject 
10 all the duties and responsibilities imposed 
'?>• law- on trustees, and such duties and re- 
■ponslbilities may be enforced by the city 
or by any co-trustee or cestui que trust afore- 
said. 

[Mniilpipnl nasemblyl Hoard of altler- 

niens violation!* of latv by ineiubrrs 

of. I 

&CC. 60. Any member of the board of 
deriMn [municipal assembly] who shall 
knowingly and wilfully disregard any provis- 
ion of law applicable to the members of said 
board of aldermen [assembly], or who shall 
vot# lor any contract in violation of law cr 
any appropriation unauthorized by law or 
in excess of the amount authorized by law. 
or for any illegal or Injurious dispo.sition of 
corporate property, rights or franchises, shall 
be guilty of a misdemeanor and liable to t!'C 


punishment and penalties prescribed therefor; 
and every member voting in favor thereof 
shall be individually liable to refund the 
amount to the city at the suit of any citizen 
and taxpayer. 

Ilonr*! «>r [piibUc- iiuproveinpiitH] al«lp r- 
iiiiiii: furtbpi- poiver. 

Sec. 61. [425.] The board of [public im- 
provements] ald^rm^u Is authorized and em- 
powered. [in its discretion,] c!i the appli- 
cation, in writing, of the head of the fire 
department, to grant the said department 
location for apparatus houses [in] ^r^ said 
department on any of the public property, 
streets cr slips [under the control and care 
of one or more of the commissioners who 
constitute said board]; provided that the 
said houses are so located and constructed 
[as] that in the Judgment of said [boards] 
board they w'ill not disfigure or mar the ap- 
pearance of the public property, streets or 
slips, nor interfere with the purpose of tr.tvel 
or public recreation, and which if placed upon 
any street, avenue or slip, shall not reduce 
the width of the same between the curbs for 
the purpose of travel at the place of such 
location to le.ss than thirty feet on each side 
of said building. 

CHAPTER III. 

FltV-XTHISKS -WU GRAXTS OF 
I M>ER W.V'I'ER. 

Title 1. Franchises. 

2. C;r.\nts of land under water. 

TITLE 1. 

FRANCHISES. 

Iiinlieniililf viahtu of tlie oity 1 «> i(.^ 

i tos. 

Sec. 71. The rights of the city in and to its 
water front, ferries, wharf prox)erty, laud nn- 
der water, public landings, wharves, docks, 
streets, avenues, parks, and all other public 
places are hereby declared to be inalienable. 

Pi-aiioli ises to be sraiitetl >>>" orditinnee 

Sec. 72. Every grant of or relating to a. 
franchise of any character to luiy person or 
corporation must, unless otherwise provided 
in this act, be by ordinance. 

].iini(ii(ioii.H uiitl ooiiilitloii!* to Ri-iintx 
of f 1-11 iK-iiises |for u«e of pabllc 

sti-eelM]. 

Sec. 73. After the approval oC this act no 
franchise or right to use the streets, ave- 
nues, jwalO£S, rivo£S, parkways or highways 
of the city, shall be ' granted , by the board 
of_ ^Idermcu [municipal assembily] to any 
person or corporation for a longer period than 
twenty-five years, e.xcept as hereb. after pro- 
vided, but such grant may at the option of the 
city provide for giving to the grante*- the right 
on a fair revaluation or revaluations to renew- 
als not exceeding in the aggregabj twenty- 
five years. Nothing in the foregoing provi- 
sions of this section contained shall apply to 
consents granted to tunnel railroad «';orpora- 
tions, and the boar<^of_aldej‘m^n [m anicipal 
assembly] is hereby authorized in its discre- 
tion to grant a franchise or right to an v rail- 
road corporation to use any of said a treets, 
avenues, wa ters, rivers, parkways ot* high- 
ways in The City of New York for tine con- 
struction and operation of a tunne: railroad 
underneath the surface thereof for rmy iieriod 
not exceeding [the period of] fifty years;, and 
any such grant may at the option of the city 
provide for giving to the grantee the right, 
on a fair revaluation or revaluaiioois. ta re- 
nc.vals not exceeding in the aggregaBe twen ty- 


flve years, provided, however, that anj^grant 
to construct a tunnel railrcwd_ or J"?!!?? 
thereof, [such grant] shall only be made 
after an agreement has been entered into by 
such a tunnel corporation to pay to The Cfity 
of New York at least thrde per centum, [or 
BO much thereof as may be] of the net profits 
derived from the use of any tunnel which it 
shall construct, after there shall have first 
been retained by such company from such net 
profits a sum equal to five per centum upoa 
the sum e.xpended to construct such tunnel. 
At the termination of any fr anchise or rig ht 
granted by (he board of aldermen all the 
rights or property of the g rantee i n the 
streets, avenues, waters, rivers, parkways an^l 

highways shall cease without compensation. 
Every such grant of a fraiicW^ and every 
[any] contract made by the_clty in pursu- 
ance thereof may provide that upon the ter- 
mination of the franchise or, right granted by 
the board of aldermen [municipal assembly] 
the plant [as well as the property] of the 
grantee [in the streets, avenues, parkways 
and highways] with its appurtenances, shall 
thereupon be and become the property of the 
city without further or other compensation 
to the grantee; or such grant and contract 
may provide that upon such termination there 
shall be a fair valuation of the plant [and 
property] which shall be and become the 
properly of the city on the termination of the 
I contract on paying the grantee such valua- 
tion. If by virtue of the grant' or contract 
the plant [and property are] is to become 
the city's without money payment therefor, 
the city shall have the option either to take 
and operate the said property on its own ac- 
count, [or to renew the said grant for not 
e.xceeding fvventy years upon a fair valuji- 
tlon,] or to lease the same [to others] for 
a term not exceeding twenty years. If the 
original grant shall provide that the city 
shall make payment for the plant and prop- 
erty, such payment shall be at a fair valua- 
tion of the same as property, excluding any 
value derived from the franchise; and if the 
city shall make payment for such plant [and 
property], it shall in that event have the o p- 
tion ei ther to operate the plant and property 
on Us owu account [for at least five years, 
after which it may determine either to con- 
tinue such operation on Its own account] 
or to lease the said plant and property and 
the right to the use of the streets and public, 
places in connection therewith for limited 
periods, in the same or similar manner as it 
leases the ferries and docks. Every grant 
shall make adequate provisiou by way of for- 
feiture of the grant, or otherwise, to secure 
efficiency of public service at reasonable 
rates and the maintenance of the 
property in good condition throughout the full 
term of the grant. The grant or contract 
shall , also specify tho mode of determining 
the valuations and revaluations therein pro- 
vided for. 

Proceeding* prior to Rraiit of fraii- 

eliise. 

Sec. 74. Before any grant ot the franchise or 
right to use any street, avenue, waterway, 
parkway or iiighway shall be made, the pro- 
posed specific grant embodied in the form of 
an ordinance with all of the terms and 
conditions, including the provisions as to 
rates, fares and charges, shall be published, 
at least twenty days in the City Record 
and at least twice in two daily . news- 
papers published in the city to be designated 
by the mayor at the expense of the proposed 
grantee. Such ordinance shall on Us introduc- 
tion and first reading be referred by the 


'Mil-: 


Jioard o* aldermen [riunicipal assembly] 
to the board ot estiiaatc and apportion- 
ment, who shall make inquiry ’ as to the 
money value of the frar/;hisc or r|ght [priv- 
ilege] propoEied to be granted and the ade- 
quacy of the . compensation proposed to be 
paid therefor, , and no grant thereof by the 
board , of a ldOTmen [municipal assembly] 
shall be made excei»t on terms approved by vote 
or restolution of the board ot estimate and 
apporlJlonment. enteivjd on the minutes or 
record 'of such board, and every ordinance 
containing or making sur.h grant shall re- 
quire the concurrence of .three-fourths ot all 
the nientbers of. the board of aldermen [elect- 
ed to eacSi branch of the municipal assembly] 
as showu’by the ayes and':;ioes there recorded 
and the approval of the ma;:)ror. and thirty days 
at least shall intervene bel.weeu the introduc- 
tion and final passage of any such ordinance. 
It 'shall' require a vote of three-fourth^ [five- 
sixths] of all the memoers of the board ot 
al dermen . [elected to eacjh branch of the mu- 
nicipal assembly] to pass, such ordinance over 
the rhayor*s veto. This a<;;t shall apply to any 
renewal or j extension ot the grant or leasing 
ot the property to the same grantee or to 
others. , 

[>lnnioi|>aI nasemltlyl . Board of ulder- 
m<^ tu i>asH 4ir<l iiiiiiu'es. 

Sec. 73. The imardjof aldermen [municipal 
assembly] may from time, to time pass ap- 
propriate ordtnaaices, not inewnsistent with 
the constitution and laws of the state, to 
carry the prewteions ot this . title into ef- 
fect, but shall , not part with the right and 
duty at all times to exercise in the interest ol 
the public, full municipal superintendence, 
regulation and control in respect of all mat- 
ters connected with such, grant, and not in- 
consistent with the terms thereof. . 

I 

t'ity may disclose of Ituildiuga not re- 
•liilrcfl for imbllc lene. ■> 

Sec. 76. Nothing In thij; title contained shall 
prevent the city from dia(oosIng of any building 
or parcel of land no Ion j;er ^needed for public 
use, provided such dissosition shall he ap- 
proved by the . .sinking fund commissioners, 
and shall be at public sale, and be providsd 
lor by ordinanca. 

Acta not ai>i>lic;able to sraiita under 
tliiH title. 

Sec. 77. Section 03 of ■chanter 563 of the laws 
of . 1890 and any acts amendatory thereof or 
supplemental thereto.’ shall have no applica- 
tion to grants made under and pursuant to 
this title. 

TITIE 2. 

GUAM’S OF I..\\I»S t XHKR AVATEU. 

(trnnts of I.antla und Frniieliise!i to 
t'lty in AIil of Ciommerce. 

\ 

Sec. S3. To the end. that the city of New 
A'o.rk, as herein constituted, may be enabled 
to make needful provlsiom.s for the navigation. 
Intercourse and commerce ot the city and ade- 
quately to develop and secure the same now 
and in the future, tho said city shall have the 
control as herein and in this act provided, of 
the water front ot the entire city, subject, how- 
ever, to the rights of private owners of proper- 
ty, and also po\wr ■to e.stablish, construct, ac- 
quire, own, maanlain and enjoy all ferries, 
public wharves, docks, piers, bulkheads, ba- 
sins, slips, stred s, approaches and spaces, and 
all other public structures, adjuncts and facil- 
ities necessary or proper for the navigation, 
intercourse and commerce, foreign and domes- 
tic, of the city. To these ends, in addition to 
all other grants, there is hereby granted in 
jC.ee 10 .the said city of New York, as herein 


ClI.MlTi.;: OF 'llll-: CITY OF Ni-iW 


i constituted, in all the public streams, rivers. 

I sounds, bays and waters of all descriptions at 
j any and all places within said city or adjoln- 
I ing the limits of said city as herein constitut- 
I ed, all and singular the property, estate, right, 
title and interest of the people of the state of 
New York. in. to, of and concerning such lands 
and soil covered by water, as are embraced 
within the projected boundary lines of any 
street intersecting the shore line, and which 
street Is In public use or which may be here- 
after opened for public use, extending from 
high water mark out into said streams, rivers, 
sounds, bays and waters so far (any limits in 
existing grants to the contrary) as the said 
city shall now or at any time hereafter in the 
opinion of Its [municipal assembly] 
ot aldermen or department ot docks, and 
ferries require the same for ferries, pub- 
lic wharves, docks, piers, bulkheads, ba- 
sins, slips, or other public structures, 
adjuncts and facili'Ues for navigation and com- 
merce, including the right for such purposes 
to reclaim such lands from said waters, and 
including also all riparian rights, and all 
rents, issues and profits of the premises here- 
in granted. The commissioners of the land 
office shall from time to time convey or patent 
the lands herein granted to the city for said 
purposes as and whenever required by the 
board of docks. 

Property ami frniieliises liialieunblc. 

Sec. 84. The property, franchises and rights 
hereby granted and the works and structures 
hereby authorized are not the subject of sale, 
but shall be held by the city in perpetuity. 
But this shall not prevent the city from leas- 
ing the same for limited periods of time, in 
the same manner as it leases other like prop- 
erty. ... i ^ . 

Paieiitiug of lands niider water l>y 

commissioners of the land oHlce. 

Sec. SC. After the approval of this act no 
patent of soil or land under water within 
The City ot New York, as herein consti- 
tuted, shall be made except to The City 
ot New York or to the riparian proprietor. 
It the board of docks with the approval ot the 
commissioners ot the sinking fund, shall pro- 
ject a plan or plans for the construction ot 
docks between street intersections as afore- 
said, and desire a grant of land under water 
for that purpose, they shall make application 
therefor to the commissioners of the land 
office, who thereupon shall give notice to the 
riparian proprietor before taking action in 
the matter and shall make such grant to the 
city for the purposes specified in section S3. 
Such grant, however, shall be subject to all 
the rights of the riparian proprietor, and be- 
fore the city shall construct such public 
wharves or other structures in front ot the 
land of such riparian proprietor, the city shaii 
make just compensation to such proprietor for 
the value ot all the riparian rights. If the 
commissioners shall make a grant to the 
riparian proprietor, it shall be confined to 
soil or land under water in front of the 
land of such riparian proprietor. If applica- 
tion be made to the commissioners ot the land 
office by the riparian proprietor for a grant 
ot soil or land under water within The City of 
New York, as herein constituted, such commis- 
sioners shall give notice thereof to the board 
of docks of the city, which shall examine into 
such application and certify to the said com - 
m'.ssioners whether i n the opinion of the said 
bo^rd [determine whether] the granting of 
thermo will conflict with the rights of the 
city under this act or be otherwise injurious 
to the public interests of the said city, [and 
shall report their conclusions to] The said 
commissioners [v. ho siiali] mtiy in their dis- 


YOllK. IS 


cretion insert such terms and conditions in 
the grant as are recommended by the board 
of docks and as will protect the public inter- 
ests of the city in respect to navigation and 
commerce. Tho validity of any such grant or 
patent may be judicially determined in an ac- 
tion brought by and in the name of tho city. 

Power of u»sciul»ly] Itowrd 

of nideriiieii. 

Sec. 87. The [municipal assembly] Jjoard 
of aldermen may from time to time pass 
appropriate ordinances to carry the pro- 
visions hereof info effect, not inconsistent 
with law or this act. 

IlepealiiiBr provision. 

Sec. 88. .\11 ads and parts of acts, so far 
as the same are inconsistent with this cnapter 
are hereby repealed. 


CHAPTER IV. 

TUB EXBCFTIAE. 

Atayor: o.veenti^e. power* In anti olcr- 
fion of; salary. 

Sec. 91. The executive power of, The City of 
New York, as constituted by this act. shall be 
vested in the mayor, the president ot the sev- 
eral boroughs and tho officers of the several 
departm ents [department]. The mayor shall 
be the chief executive officer of the elty; ha 
shall be elected at the general election in the 
year nineteen hundred a nd o ne [eighteen 
hundred and ninety-seven], and every four 
years thereafter, and shall hold his office for 
the term of four years commencing at noon 
on the first day of January .after his election. 
He shall be ineligible for the next term after 
the termination of his office. The salary of 
the mayor shall bo fifteen thousand dollar* 
a year. 

Alayor’K power of removal. 

See. 95. [.'Vt any time within six months 
after the commencement of his term of office 
the] The Mayor, [elected for a full terra.] 
may, whenever in his judgment the public 
interests shall so require, remove from office 
any public officer holding office by appoint- 
ment from a [the] mayor of The City of 
New A'ork. except members of the board of 
e^ducation [and school boards], trustees of 
the College of The City of Now Yorlc, and 
tinistees of Bellevue a nd a J lied h ospHals. 
except also judicial officers for whose removal 
Other provision is made by the constitution. 
No publi c officer shall hold his office for anr 
specific term, except as i n this act is o ther- 
wise expressly provid^. After the ex- 
piration” of said period of six months, 
any such public officer may be removed by the 
mayor for cause upon charges preferred 
and after opportunity to be heard, sub- 
ject, however, Ijefore such removal shall 
take effect to the approval of the governor ex- 
pressed in v/rlting.] 

Artinlntstrntlve dcpnrtmcnf*. 

Sec. 96. There shall be the following admin- 
istrative departments in said city: 

Department of finance. 

Daw department. 

Police department. 

[Represented in the board of public im- 
provements. ] 

[1.] Department ot water supply, gas and 
electricity. 

[ 2 . Departraent of highways.] 

[3.] Department of street cleaning. 

[4. Department of sewers.] 

[3. Department of public buildings, light- 
iiTg and supplies.] 

I [6. I D-parlmeut of bridges. 


« 


rHE CHARTER OF THE CITY OF NEW YORK. 


Department of parks. 

[Department of buildings.] 

Department of public charities. 

Department of correction. 

Fire department. 

Department of dbeks and ferries. 
Department of taxes and assessments. 
Department of educatioo. 

Department of health. 

Department of finance; controller. 

Sec. 97. The head of the department of 
finance shall be called the controller of The 
City of New York. He shall be elected at the 
general election in the year 1897, and every 
four years thereafter, and shall hold his office 
for the term of four years, commencing at 
noon on the first day of January after his 
election. 

The controller may be removed from office 
by the governor in the same manner as sher- 
iffs, except that the governor may direct the 
Inquiry required by law, to be conducted by 
the attorney general, and after charges have 
been received by the governor, he may, pend- 
ing the investigation, suspend the controller 
for a period not exceeding thirty days. In 
case «f a vacancy in the office of controller it 
•hall be filled by the mayor, and the person 
appointed to fill such vacancy shall hold office 
until noon of the first day of January suc- 
ceeding the election at which a successor shall 
be eleoted. .\t the next general election at 
which municipal officers shall be elected, 
which shall take place more than thirty days 
after the occurrence of a vacancy in the office 
of controller, a successor shall be chosen who 
shall hold office tor the remainder of ihs un- 
expired term. 

Law department; corporation counsel. 

Sec. 98. The head of the law department 
shall be called the corporation counsel [and 
shall, unless sooner removed, hold his office 
for four years, and until his successor shall 
be appointed and has qualified.] 

Police department; police [lioaril] 
ctHiimiHSioner, 

Sec. 99. The head of the police department 
shall be called the police commissioner 
[board. Said board shall consist of four 
members to be known as police commis- 
sioners of The City of New York, who shall, 
unless sooner received, respectively hold 
their offices for tour years and until their 
successors shall respectively be appointed 
and heve qualified, except that the commis- 
sioners first appointed shall, unless sooner 
removed, hold office for one, two, three and 
four years respectively, as designated by the 
mayor.] 

[Board €>f piildic improvemeuts and 
dc]tartinciit.« ■ represented tliereiu;! 
Departments of w a ter s upply, j^jas and 
eleetrieit> . street eleaninj;' anil 
liriilK'es . ’ 

Sec. 100. [The head of the board of public 
Improvements shall be the president of said 
board. He shall be appointed by the mayor 
and shall, unless sooner removed, hold his 
office for six years and until his successor 
•hall be appointed and has qualified.] 

1. The head of the department of water 
supply, ^ a nd elect ricity shail be called 
the commissioner of water supply, gas and 
electricity. He shall be appointed by 
the mayor, and shall, unless sooner re- 
moved, hold his office for six years and un- 
til his successor shall be appointed and has 
qualified. 

[2. The head of the department of high- 
ways shall be called the commissioner of 
highways. He shall be appointed by the 


hold his office for six years and until his 
successor shall be appointed and has quali- 
fied.] 

2. [3.] The head of the department of 
street cleaning shall be called the commis- 
sioner of street cleaning. [He shall be 
appointed by the mayor, and shall, unless 
sooner removed, hold his office for six 
years and until his successor shall be ap- 
pointed and has qualified.] 

[4. The head of the department of sewers 
shall be called the commissioner of sewers. 
He shall be appointed by the mayor, and 
shall, unless sooner removed, hold his office 
for six years and until his successor shall 
be appointed and has qualified.] 

[5. The head of the department of public 
buildings, lighting, and supplies shall be 
called the commissioner of public buildings, 
lighting, and supplies. He shall be appoint- 
ed by the mayor, and shall, unless sooner 
removed, hold his office for six years and 
until his successor shall be appointed and 
has qualified.] 

3. [6.] The head of the department of 
bridges shall be called the commissioner 
of bridges. [He shall be appointed by 
the mayor, and shall, unless sooner re- 
moved, hold his office for six years and un- 
til his successor shall be appointed and 
has qualified.] 

Department of parUs; parU board. 

Sec. 101. The head of the department of 
parks shall be called the park board. Said 
board shall consist of three members who 
shall be knowm as commissioners of parks. 
[They shall be appointed by the mayor, and 
shail, unless sooner removed, respectively 
hold their offices for six years and until their 
successors shall respectively be appointed and 
have qualified, except that the commissioners 
first appointed shall, unless sooner removed, 
hold office for two. four and six years, respec- 
tively, as designated by the mayor.] 

Department of pnblle eliurities; 
fboard] eoiiiiiilwnioner of pnblle ehtir- 
ltle.»(. 

Sec. 103. The head of the department of 
public charities shall be called the [board of 
public charities. Said board shall consist of 
three members to be known as] commis- 
sioner [s] of public charities, [of The City 
of New York. They shall be appointed by 
the mayor and shall, unless sooner removed, 
respectively hold their offices for six years, 
and until their .successors shall respectively 
be appointed and have qualified, except that 
the commissioners first appointed shall, un- 
less sooner removed, hold office for two, 
four and six years, respectively, as desig- 
nated by the mayor.] 

Department of eorrection: eoinmiK^ 
sioncr of. 

Sec. 104. The head of the department of 
correction shall be called the commissioner of 
correction. [He shall be appointed by the 
mayor, and shall, unless sooner removed, hold 
his office for six years, and until his successor 
shall be appointed and has qualified. 

Fire ilepartinent; tbe Are eomiiiis- 
Kioner. 

Sec. lOo. The head of the fire department 
shall be called the fire commissioner. [He 
shall be appointed by the mayor, and shall, 
unless sooner removed. hold office for six years, 
and until his successor shall be appointed and 

1 has qualified.] 

1 

j Department of doeks and ferries; 

I board of doeks. 


docks. Said board shall consist of three mem- 
bers who shall be known as commis- 
sioners of docks, [and who shall, unless 
sooner removed, hold their respective 
offices for six years, and until their suc- 
cessors shall respect ii'ely be appointed and 
have qualified, except that the commissioners 
first appointed shall, unless sooner removed, 
hold office for two, four and six years, re- 
spectively, as designated by the mayor.] 

Department of taxes aiiil assessments; 
board of faxes and assessments. 

Sec. 107. The head of the department of 
taxes and assessments shall be called the 
board of taxes and assessments. Said board 
shail consist of a president, who shall be so 
designated in his appointment, and fotir 
other members, one of whom at least shall be 
a person learned in the iaw, w’he shall be 
called commissioners of taxes and assessments. 
[The president, unless sooner removed, shall 
hold his office for the term of six years, and 
until his successor shall be appointed and 
has qualified. The other commissioners shall, 
unless sooner removed, hold their respective 
offices for the term of four years. The com- 
missioners first appointed under this act shall, 
unless sooner removed, hold office by designa- 
tion of the mayor for terms of one, two, three 
and four years respectively. The commis- 
sioners thereafter appointed shall, unless soon- 
er removed, hold office for the term of four 
years, and until their successors shall re- 
spectively be appointed and qualified.] 

Department of edtication. 

Sec. 108. The head of the department of 
education shall be called the board of educa- 
tion and shall consist of forty-six members 
as hereinafter provided. [Said board shall 
consist of nineteen members, and shall be 
composed as follows: Of the chairman of the 
school board of the boroughs of Manhattan 
and The Bronx and ten other members 
elected by said school board; of the chair- 
man of the school board of the borough of 
Brooklyn and five other members elected by 
said school board; and of the chairman of 
the school boards of the boroughs of Queens 
and Richmond, respectively. The members 
of said board of education shall hold office 
for one year, and until their successors 
shall respectively be chosen and have qual- 
ified.] 

Department of lienltli; lioaril of liealth. 

Sec. 109. The head of the department of 
health shall bo called the board of heaUh. 
Said board shall consist of the commissioner 
of health, the police com missioner [presi- 
dent of the police boat'd], and the health 
officer of the port, [and three officers ap- 
pointed by the mayor, to be called health 
commissioners, two of whom shall have been 
practising physicians for not less than ten 
years preceding their respective appoint- 
ments. The health commissioner, who is 
not a physician, -shall be fhe president of the 
board and shall be so designated in his 
appclintment. The health commissioners 
shall, unless sooner removed, respectively 
hold their offices for six years and until their 
successors shall respectively be appointed 
and have qualified, except that the commis- 
sioners first appointed shall, unless sooner 
removed, hold office for two, four and six 
years, respectively, as designated by the 
mayor. ] 

Heads of ilei >ar<iiieii<M niiil lioeonsli 
prewldeiif s! pinvev to ii nrelia'se .sup. 
pl ies . 

Sec, no. Each head o f a dep artment and 
each president of a borough shairhaviTcog- 


Sec. 106. The head of the department of 
mayor, and shall, unless sooner removed, 1 docks and ferries shall be called the board of 


THE CHARTER OF THE CITY OF NEW 


. . V . 


15 


nizance and control of the purchase of fuel, 
furniture, utensils, books and other articles 
needed for the public offices within his de- ’ 
partment or- Jurisdiction. Supplies shall be 
furnished to heads of bureaus and aP suboy- 
dinate officials only upon the receipt of it 
written requisition signed by the head of the 
office in which the same are required. 

Schedules of salaries to he presented 

when reqaested. 

Sec. 111. It sh ali be the duty of each bor- 
ough president and the head of each depart- 
ment to present new schedules of salaries, 
for such office or department to the board of 
estimate an d apportionment, whene ver re- 
quested by said board so to do. 


CHAPTEE V. 

THE MAYOR. 

Mayor; duties of. 

Sec. 115. It shall be the duty of the 
mayor: * 

1. To communicate to the board of a l- 
dermen [municipal assembly], at least 
once in each year, a general statement of 
the finances, government and improve- 
ments of the city. 

2. To recommend to the board of ald er- 
nien [municipal assembly] all such meas- 
ures as he shall deem expedient. 

3. To keep himself informed of the doings 
cif the several departments. 

4. To be vigilant and active in causing 
the ordinances of the city, and laws of the 
state to be executed and enforced,, and for 
that purpose he may call together for con- 
sultation and co-oper tion any or all of the 
heads of department®. 

5. And generally to perform all such du- 
ties as may be prescribed for him by 
this act, tlie city ordinances and the laws of 
the state. 

Id.; a maftistrate. 

Sec. 116. The mayor is a magistrate. 


Id.; may appoint clerks, etc. 

Sec. 117. The mayor may appoint such 
clerks and subordinates a® he may require 
to aid him in the discharge of hie official du- 
ties, and shall render to the board of alder- 
men [municipal assembly] every three 
months, an account of the expenses and re- 
ceipts of his office, and therein shall state, 
in detail, the .amounts paid and agreed to 
be paid by him. for salaries to such clerks 
and subordinates respectively, and the gen- 
eral nature of, their duties, which account 
and report shall be published in the City 
Record. The aggregate expenses incurred 
by him for such purposes shall not exceed, 
in any one year, the sum appropriated 
therefor. 


Id.: to appoint licnds of departineuta; 
[tei-ms of latter]. 

Sec. 118. The mayor shall appoint the heads 
of departments and all commissioners, except 
as otherwise provided in this act. He shall 
also appoint all members of any board or 
commission authorized to superintend the 
erection or repair of any building belonging 
to or to be paid for by the city, whether 
named in any law or appointed by any local 
authority, and also a commissioner of jurors 
for the boroughs of Manhattan and the Bronx, 
inspectors of weights and measures, and as 
many sealers of weights and measures as may 
by ordinance be prescribed, and also the 
members of any other local board and all 
other officers not elected by the people, whose 


appointment is not excepted or o'cherwise pro- 
vided for. Every head of department and 
person in this section named shall, subject to 
the power of removal herein provided, hold 
his office for such term as is provided by this 
act or otherwise, and in each case until a per- 
son is duly appointed and has qualified in his 
place. [The terms of office of all such heads 
of departments and persons, shall, as to those 
first appointed, commence at noon on the first 
day of January, 1898, and thereafter at noon 
on the first day of January, in the year in 
which the terms of office of their predecessors 
expire, except that any person who shall be 
appointed in pursuance of this section to 
fill any vacancy shall hold his office for the 
unexpired term of his predecessor]. 

I<1.I fo nitpoiiit vomiiiistNioiiers of ac- 
eoiintH, 

Sec. 119. The mayor .shall appoint and re- 
move at pleasure two persons who shall be 
commissioners of accounts, one of whom 
shall be a certifi ed pub lic accountan t. It 
shall be their duty, once in three mouths, 
to make an examination of the receipts and 
disbursements in the offices of the control- 
ler and chamberlain, in connection with 
those of all the departments and officers 
making return thereto, and report to the 
mayor a detailed and classified statement of 
the financial condition of the city as shown 
by such examinations. They shall also make 
such special examinations of the accounts 
and methods of the departments and offices 
of the city and of the counties of New York, 
Richmond, Queens and Kings, as the mayor 
may from time to time direct, and such other 
examinations as the said commissioners 
may deem tor the best interests of the city, 
and report to the mayor and the board of al- 
dermen [municipal assembly] the results 
thereof. For the purpose of ascertaining 
facts in connection with these examinations 
they shall have full power to compel the at- 
tendance of witnesses, to administer oaths 
and to examine such persons as they may 
deem necessary. Such commissioners shall 
each be paid the sum of five thousand dollars 
a year. The board of estimate and appor- 
tionment and the board of aldermen [mu- 
nicipal assembly] shall annually appropriate 
a sum sufficient to pay the salaries of said 
commissioners, and in the discretion of said 
board and the board of aldermen rmunicipal 
assembly] a sura sufficient to enable them 
to employ the necessary assistance to carry • 
out the provisions of this [act] section. 

Itl.: proelamntlon as to liol<lin8' conrt 
in ease of pestilence, etc. 

Sec. 120. The mayor, or, in case of his ab- 
sence or other disability, the president of the 
board of aldermen [council], by proclama- 
tlon, may direct that the next ensuing term 
of any court, other than the court of ap- 
peals, appointed to be held in the city shall 
be held in any building within The City of 
New York, other than the building where the 
same is regularly to be held, if, in his opin- 
ion, war, pestilence, or other public calamity, 
or the danger thereof, or the destruction or 
injury of the building, or the want of suit- 
able accommodation, renders it necessary 
that some other place be selected. The 
proclamation must be published in two or 
more daily newspapers, published in The 
City of New York. 

! Id.; police power as to pawnbrokers. 

Sec. 121. The mayor shall possess the power 
conferred upon the chief, deputy chiefs, in- 
spectors and captains of police by section 317 
of this act. 


Id.; removal by governor. 

Section 122. The mayor may be removed 
from office by the governor in the same man- 
ner as sheriffs, except that the governor may 
direct the inquiry provided by law to be con- 
ducted by the aittorney general; and after the 
charges have been received by the governor 
he may, pending the investigation, suspend 
the mayor for a period not exceeding thirty 
days. 

Municipal civil service; mayor fo ap- 
point commissioners. 

Sec. 123. The mayor shall appo int three 
or more suitable persons, not more than 
two- thirds of whom shall be members of 
the same political party, who shall, in the 
manner defi ned by chapter three of the gen - 
eral laws, commonly known as the civil ser- 
vice law, and subject to and in pursuance 
of the provisions of that, law and of such 
amendments as may from time to tim e be 
made to it. prescrib e, amend and enforce 
rules for the classification of the offices, 
places and employments in the public service 
of the city, and for app ointments and promo- 
tions therein, and examinatio ns therefo r, 
and for the registration and selection of la- 
borers for employment therein. Such P^- 
sons shall constitute the municipal ser vice 
commission, and. within the amo unt a ppro- 
pidated t herefor, t hey sh all hav e authority 
to appoint a secret ary, examiners, a nd s uch 
other subordinates as may be necessary. 
Proper provision shall h e made in t h e an nual 
budget for all the ex penses of the municipal 
civil service commission. 

[The mayor shall appoint three or 
more suitable persons as commissiouers to 
prescribe and amend, subject to his approval, 
and to enforce regulations for appointment 
to, and promotions in, the civil serv- 
ice thereof, and for classifications and 
examinations therein, and for the reg- 
istration and selection of laborers for 
employment therein, in pursuance of the con- 
stitution of this state. Said commissioner# 
shall receive no compensation.] 

Regulntioiis of niuuicipal civil service. 

Sec. 124. .\11 appointment s, promotions and 
changes of~status of persons in the public 
service of The City of Ne w York shall ba 
in^e in tlTe manner presc ribed by the con- 
stitution of t he state and in accordance with 
the provisions of chapter three of the gen- 

eral laws , commonly known as the civil ser- 
vice law, and such amendements as may b e 
made th ereto, and the provisions of this act. 
[Such other r egulations s h all, among othe^ 
thi ngs, pr ovide: 

1. For the classification of the offices, 
places and employments in the civil serv- 
ice of the said city. 

2. For examinations, wherever practica- 
ble, to ascertain the fitness of applicants 
for appointment to the civil service of said 
city. 

.\11 examinations shall be public. N 
question in any examination under the rule- 
established as aforesaid shall relate to po- 
litical or religious opinions or affiliations, 
and no appointment or selection to or re- 
moval from an office or employment within 
the scope of the rules established as afore- 
said, shall be in any manner affected or In- 
fluenced by such opinions or affiliations. 
Such examinations shall be practical in 
their character and shall relate to those 
matters which will fairly test the relativ# 


4 


1A 


THE CHARTER OF THE CITY OF NEW YORK, 


capacity and fitness of the persons examined 
to discharge the duties of the position to 
which they seek to be appointed. Such ex- 
aminations, save in the case of applicants 
for employment as laborers, shall be open, 
competitive examinations, except where, 
after due efforts by previous public adver- 
tisement or Other effort in case of extraor- 
dinary emergency, competition is found not 
. to be practicable. The examination of ap- 
plicants for employment as laborers shall 
relate to their capacity for labor, their 
habits as to industry ami sobriety, and the 
number of persons dependent upon them 
for support. 

3. For the filling of vacancies in the of- 
fices. places, and employments In the public 
eervice which are subject to competitive 
examination by selection from among those 
graded highest as the result of such ex- 
amination, provided, however- that .soldiers 
and sailors honorably discharged from the 
ai'my and navy of the Umted States in the 
late civil war, who are citizens and resi- 
dents of this state, shall be entitled to pref- 
erence in appointment and promotion from 
any list from which an appointment or 
promotion is to be made, without regard to 
their standing on such list. 

4. For a period of probation before an ap- 
pointment or employment is made per- 
manent. 

5. For promotions In office on the basis 
of ascertained merit and seniority in serv- 
ice, and upon such examination as may be 
f^r the good of the public service.] ■ 

Authority and duly of coiiimisslouers 
of niuuieipnl civil Kervioc. 

Sec. 125. The municipal civil service com- 
missio n shall have the power to make i nves- 
tigatious concerning all matters touching the 
enforcement and effect of the provis ions of 
the civil service law, in so far as it. applies 
to The City of New Y ork, and the rules and 
regulations prescribed thereunder, or con- 
cerning the acti on of any examiner or subor- j 
dinate of the commi^ion. or of any person j 
In the classified municipal service , in I 
respect to the execution of that act, and in * 

the course of such investigations each com- 
missioner and the s ecretary shall have the 
power to administer o aths. The municipal 
civil service commission shall have the fur- 
ther power to subpena and require the at- 
tendance of witnesses, and the production 
thereby of books and papers pertinent to the 
investigations and inquiries hereby author- 
ized. and to examine them, and such public 
records as it shall requir e in relation to any 
matter which it is required to investigate. 
For this purpose the commission shall pos- 
sess ail the powers conferred by the code of 


civil procedur e upon a board or committee, 
and may invoke the power of any court of 
record i n the state to com pel the attendance 
and testifying of witnesses or the nroduction 
thereby of books and papers as aforesaid. 
fThe persons so appointed or employed 
shall be known as municipal civil service 
commissioners, and within ths amount 
appropriated therefor they shall have au- 
thority to employ a secretary, examiners 
and such other subordinates as may be nec- 
essary. It shall be the duty of such persons 
to make reports from time to time to the 
stale civil service ccmm.issicn, whenever said 
commission may request, cf the manner in 
which the civil service law. and the rules 
and regulations thereunder, have been and 
•re administered, aud the results of their ad- 


ministration in such city, and of such other 
matters as said commission may require, and 
annually on or before the tenth day of Janu- 
ary in each year to make such a report to sa« I 
commissioner; and it shall be the duty of sai .1 
state commission ill Us annual report to setou t 
either these reports, or a sufficient abstrai ;t 
or summary thereof, to give full and clei ir 
ipformatioh as to their contents. ' 

It shall be the duty of all persons in the of 1- 
cial service of the city to conform to and cor i- 
ply with said rules and regulations, and an y 
modifications thereof made pursuant to ti le 
authority of this section or said rules a; ad 
regulations, and to aid and facilitate in |ill 
reasonable and proper ways the cnforceme nt 
of said rules and regulations and any modi; i- 
cationsthereof,and the holding of all examia- 
ations which may be required under the 4 u- 
thority of this section or said rules lUid 
regulations. Until the appoinitmeat of a 
municipal civil service commission undtc* tl is 
act in said city the municipal civil servico coan- 
missiohers now in existence in any pare of i'le 
territory of said city shall continue in offic 
and the civil service rules now in force 
therein shall continue to be in force um.il 
the adoption of new rules hereunder. The aa- 
thority by thi^ section conferred shall not be 
sc exercised as to take from any policenmn 
or fireman any right or benefit now conferred 
by law or by this act, or exisUug under a'ny 
lawful regulation of the department in which 
he serves. Proper- provisions shall be made 
in the annual budget for all the expenses' of 
the municipal civil service commissionera.3 

-ifi . ' - ■ ' * 

Warrants f€>r payment of salary of per- 
son lioKo uppointineiit lias not (lecn 
made niider olvil serviee law, pro- 
liiViited. ^ 

Sec. 126. A.ny officer of said city whose duty 
it is to sign or countersign warrants, shall 
not draw, sign or issue, or authorize the 
drawing, signing or issuing of any warr.mt 
on the chamberlain or other disbursing c ffi- 
cer of the city for the payment of sal. iry 
to any person in its service whose appoint- 
ment or retention has not been [made in 
pursuance of this chapter and the rulep in 
force thereunder, provided, however, ,that 
this section shall not apply to persons n<y\v in 
office who are by this act continued in riffioe, 
or transferred in service.] in acconhince 
•with the civil service law .and its 
menis and of the valid rules in force i here- 
under. 


and records shall consist of a commissioner 
[chief of the bureau] of statistics .,»P d. re c- 
ords [of a municipal and statistical com- 
mission]. and of such assistants^ [to the 
chief of the bureau] as may he/Toudd nec- 
essary for the proper carrying on the work 
of the bureau. ^ 

fCliief of linreaul ooiumfinst'oner of sla- 
tlNlieK and ro eoril w to l>e appointed 
liy the mayor. 

Sec. 130. The comm^sstoner of statj sUcg 
and records [chief of the bureau of munici- 
pal statistics] shall be appointed by the 
mayor [for a term of four years, and shall, 
unless sooner removed, hold office until his 
successor . shall be appejuted and has duly 
qualified. He shall be ex-officio a member 
and the chairman of the municipal statistical 
commission]. 

CompeiiKation of tfeliief o‘f Imrenii] 
eoinntlHMioner 'if «tatl«tle« and ree- 


ordtM f'.iid lii.H aM;d)>itantM [and of 
comm iM.stonl* 


th# 


- Sec. T34. The commissioner of statistic^ 
and rrt ord s [chief /of the bureau of munic* 
ipal statistics] shaJl receive an annual sal- 
ary of'tJiree thouFaud five hundred dollars-. 
[He slxUl appoint/ his assistants and shall 
fix their /aaiaries with the approval o! the 
board of estimate.; and apportionment, the 
members of the municipal statistical com- 
mission shall receive no compensation ] 

Power niid of tbie [roiiimiiitHlonl 

oomin iHKiC nov ill reln.(ioii to the eol- 


leeticu utid pnbliej^tion of HtatintleM. 


Veterans in miinieipnl .servico. 

Sec. 127. Ail veterans either of the arnc" or 
navy or the volunteer fire departments, now 
in the service of either of the municipa and 
public corporations hereby consolidated, who 
are now entitled by law to serve during good 
behavior, or who cannot under existing law 
be removed except for cause, shall be 
retained in like positions and under the same 
conditions by the corporation constituted by 
I this act, to serve under such titles and In 
such way as the head of the appropriate de- 
partment or the mayor may direct. 

Bureau of miinictpal slntistiOiii aii<I 

r eco rds. 

Sec. 12S. There shall be a bureau of mu- 
nicipal statistics and records of The City of 
New York [for the purpose of collecting, 
keeping and publishing, as hereinafter or 
otherwise prescribed by law, such statistical 
da»\ relating to the city, as shall be decraetl 
of utility or interest to the city government 
or its citizens.] 

lliircnn; Iiow €*on?i<itufed. 

Sec. 120. The bureau of municipal statistics 


Sec.' 13.". [The muiaicipal statistical com- 
mission shall make sneh rules and by-laws 
as maj’’ be ’tnecessary for the regulation of 
the bureau of municipal statistics not in 
conflict with this act, or with any law of 
this stato-or of thd United. States, and shall 
direct the general -work' of the bureau of mu- 
nicipal' statis^l<u;] . The ' commissioner 
[comupission] i^hair devise and carry - out 
plans for the vollection and publication of 
suck' statistical data relating to the * city 
as ^'.all be . deemed of uUlity or interest to 
■ he < ffici^n^and citixens of the city [it, may 
deem’ advisable .to publish]. .The head of 
•jach department of the city shall, upon a re- 
quest from the commissioner [commission] 
uiado ihroiigh the mayor, and approved bybim 
transn it to the commissioner [chief of the 
bureau of municipal 'statistics] for his use 
commission], upon such blanks as 
may be provided, or in such other manner 
as may be deemed convenient by the com- 
mjs^loner [commission], such statistical 
dat3 relating to the work of such department 
as'tbfi commissioner [commission] may call 
for. . The commission er of statistics aud rec- 
I'^ball publish annually, with the 


erdf 


ap- 


prov il of the board of estimate and appor- 
tioDiitV ct, a vol ume t o be Unowu as the 
“Muniii mal Statistics of Tf:^nT>r”of~Xe'w 


I - 


York for the year 


In this volume 


th e co n missiouer shall publish in .so far as ho 
may 3m advisable, the results attending 
the wQg t of the various departments of. the 
city go ern ment for the preceding 
ye ar, rv id ^n.*h olh^ !»^a^ticaT^ iiiformaiT^ 
and t'a/:ts r elatin g to The City of"NeV^"ork 
or i ts r uli ii'jita uts as he may deem orgensral 
r ublb-: intpreKt.’ S uch PubTication shalFc^- 
lain ut itistics relating to popuiation 


I - 


and 


births, marri ages and deaths: to streets, 
])a vem« Qt s. sewers, niarkeis. docks, pqrks. 


buildings, tires, w ater supply and sanitarv 

to th? administration 


condition of the ci 

r- t — 




THE CHARTER OF THE CITY OF NEW YORK 


17 


ot charities and corrections, of the police 
department, o f the various branches of the 
judiciary and the criminal courts of the 
city: to the work of the department ot 
education, the number of children of 
school age and those attending school; to 
mu nici pal revenues and expenditures, the 
administration of the various city depart- 
l uents hav ing ch arge of t he ex peiidittire of 
public moneys, the collection of .taxes and 
the management of the city debt; and also 
a general statement of the legislative enact- 
ments relating to the government of The 
City of Ne w York, 

Powers nnd ilnties of the eoiuiui.s- 
sloner in rointlo n to the collecijoii 
imcl preservHt loii of records. 

Sec. 136. It shall be the duty o f the com- 
missioner of statistics an d records to col- 
lect, preserve and make properly accessible 
the manuscript records of The Ci ty of New 
York. By these are meant all journals, 
minute books, maps and plans, files of pa- 
pers, parchments and docume nts of public 
character which relate to the history of The 
City of New York, and to ail departments 
of the same, since its incorporation as a mu- 
nicipality; also the records, similarly de- 
fined, of all the cities, towns and villages 
which at any time have been annexed to or 
consolidated with The City of N ew York 
and which are now ex tinct jurisdictions. He 
shall have t he authority and^ it shall be his 
duty to recover such of t hese records as ma y 
be In private hands and to institut e search 
for such as appe ar to be lost; also to procure 
from the city clerk and from the heads of 
ciiy departments, or other officials, the rec- 
ords now in their custody which fall within 
the meaning of this clause. But no official 
or head of department shall be required to 
surrender to said commissioner any book 
document or paper which is less than twenty 
years old, or which he shall certify to be 
necessary for the transacti on of curr ent 
busiues in his o ffice. Of the books, papers 
and document s thus accumulated the com- 
missio ner of statistics and records shall b e 
the sole and lawful custodian. It sh all be 
the duty of the commi ssioner to preserve 
ihe said records in adequate, fireproof rm^s, 
prov-ideci and fur nished a t the expense of th e 
cTty. and located as near as m ay be to th e 
repository of the reco rds of the cou nty of 
Now York. Suc h records sh all be kept in 
such~manner and un der suc h regulations 
that th ey may at all pro per times be acces - 
^Ple to those who desire t o consult them. 
IIe~sliall cause prop^_ shelves' cases and 
files' to be provided f or them, and shall, as 
may be needed , cause them to be bound. 
copied, a rranged and indexed. 

I.lniltntloii of expense €>f maintain iiig; 
tlie bnrenn of [mnnielpnl] atatixties 
and rceopd*. 

Sec. [138.] 137. The expense of such pub- 
lications an all other expenses of the bureau 
of [municipal] statistics and records, shall 
be included in the annual budget. The total 
exp i.se of maintaining the bureau of [mu- 
nicipal] statistics end records, including sal- 
aries. shall not exceed in any one year the 
sum of fifteen [ten] thousand dollars, unless 
otherwise provided by the board of estimate 
and apportionment and ihe board of aldermen 
[municipal asembly.] 


I 


CHAPTER VI. 

DEPVKTMEM' OE EI\A\CE. 

Title 1. The Controller. 

Title 2. Tile Bonds and Obligations of t 
City. 

Title 3. The Chamberlain. 

Title 4. The Sinking Funds. 

Title 5. Appropriations and the Board 
Estimate and .Apportioument. 
Title 6. Levying Taxes. 

TITLE 1. 


authorised to establish the same, nor to 
I (luestion the due iierformancc of his duties by 
such officer, except when necessary ic prevent 
! fraud. If in any action ^ law against The 
i City of New York to recover upon a claim not 
! embraced within the exceptions hereinabove 
I numericall y specified, the amount claimed 
j the plaintiff is in excess of the a mount as au- 
Jdited and settled by the department of finance, 

j the piai iitill must establish his clajui by 

I compete nt evidence of value , and no testi - 
i mony shall be admitted to show a promise m 
■ agreement by any officer or employe of the 
I city or of any of the counties contained with- 


THE COMTlOliLEli. 

Goiiei-nl «lntip.s; ncttlcnipiit of ela 

.\sxfiit to certain c<iiitrac*s remiix'cd. 

Election. Sialury. 

Sec. 14!). The [finance] department of 
finance shall have control of the fiscal 
concerns of the corporations. All accounts 
rendered to or kept in the other depart- 
ments shall be subject to the inspection and 
revision of the officers of this depart- 
ment. It shall prescribe the forms of 
keeping and rendering all city accounts, and, 
except as herein otherwise provided, the man- 
ner in which all salaries shall be drawn, and 
the mode by which all creditors, officers and 
employes of the corporation shall be paid. All 
payments by or on behalf of the corporation, 
except as otherwise specially provided, shall 
be made through the proper disbursing offi- 
cer of the department of finance, on vouchers 
to be filed in said department, by means of 
warrants drawn on the chamberlai:i by the 
controller, and countersigned by the mayor. 
The controller may require any person pre- 
senting for settlement an account or claim 
for any cause whatever, against the corpora- 
tion, to be sworn before him touching such 
account or claim, and when so sworn, to an- 
swer orally as to any facts relative to the 
justness of such account or claim. Willful 
false swearing before him is perjury, aud 
punishable as such. He shall settle aud ad- 
just all claims in favor of or against Che cor- 
poration, and all accounts in which the cor- 
poration is concerned as debtor or credHor; 
but in adjusting and settling such claims, he 
shall, as far as practicable, be governed by 
the rules of law and principles of equity 
which prevails in courts of justice. No cla im 
against the city or against any of the coun- 


i 


ties contained within its territorial limits, or 


payable in the first instance from moneys 

in the city treasury for services rendered or 

work done or materials or supplies furnished 

except (1) claims reduced to judgment, or (2) 

awards, costs, charges and expenses duly 

taxed or ordered paid in judicial proceedings. 

or (3) claims arising under the provisions of 

contracts made at public letting in the man- 

ner provided by section four hundred and 

nineteen of this act. or (4) claims settled 

and adjusted by the controHer, pursuant 

to the authority of this section, .shall be paid 

unless an auditor of accounts shall certify 

that the charges therefor are just and rea- 

sonable; and, except as hereinabove otherwise 

provided, all contracts with the city or any 

of such counties or with any public officer 

acting in its or their behalf, shall be subject 

to such audit and revision by the department 


of finance. The power hereby given to settle 
and adjust such claims shall not be construed 
to [give such settlement and adjustment the 
binding effect of a judgment or decree, nor 
to] authorize the controller to dispute the 
amount of any salary established by or under 
I t,he authority of any officer or department 


in its territorial limits, to p ay any larger 
sum than the amount so audited or aUowed 
by the department of finance. The controller 


shall not reduce the rate of interest upon 
: ny taxes or assessments below the amount 
f.xed by law. No contract hereafter made, 
the expense of the execution of which is not 
by law or ordinance, in whole or in part, to 
be paid by assessments upon the property 
benefited, shall be binding or-of any force, un- 
less the controller shall indorse thereon his 
certificate that there remains unexpended 
and unapplied, as herein provided, a balance 
of the appropriation or fund applicable there- 
to, sufficient to pay the estimated expense of 
executing such contract, as certified by the 
officer making the same. But this provision 
shall not apply to work done, or supplies fur- 
nished, not involving the expenditure of more 
than one thousand doliars, unless the same 
is required by law to be dene by contract at 
nublic letting. It shall be the duty of the 
controller to make such indorsement upon 
every such contract so presented to him, if 
there remains unapplied and unexpended such 
amount so specified by the officer making the 
contract, and to thereafter hold and retain 
such sum to pay the expenses incurred until 
the said contract shall be fully performed. 
•And such indorsement shall be sufficient evi- 
dence of such appropriation or fund in any 
action. The controller shall furnish to 
each head of department [weekly] month - 
ly a statement of the unexpended bal- 
ances of the appropriation for his department. 
Wages and salaries, except as otherwise pro- 
vided in this act, may be paid upon pay rolls, 
upon which each person named thereon shall 
separately receipt for the amount paid to such 
person, and in every case of payment upon a 
pay roll the warrant for tne aggregate amount 
of wages and salaries included therein may be 
made payable to the superintendent, foreman 
or other officer designated for the purpose. 
The controller shall enter into, upon behalf 
of the city of New A'ork, any lease authorized 
by the commissioners of the sinking fund 
of property leased to the city. The assent of 
the controller shall be necessary to all agree- 
ments hereafter entered into by any city 
officer, board, commission or department 
for the acquisitiou by purchase of any 
real estate or easement therein, when 
such an agreement involves an obliga- 
tion to pay or an expenditure ot any money on 
behalf ot the city, and in any proceedings that 
may hereafter be had to acquire real estate or 
hereditaments for or on behalf of the corpora- 
tion of the city of New York, before an award 
shall be confirmed, imposing an obligation up- 
on the city to pay any moneys, the controller 
shall have thirty days’ notice in writing, stat- 
ing before whom and at what time such pro- 
ceeding will take place; hut nothing herein- 


hefore contained shall affect t he board of 
rapid transit railroad commissioners exist- 
ing under chapter fou r of the la ws of eigh- 
teen hundred and niuety-cno as amended. 

— — •• „ 

vmii-. ; ' 


■'4 


18 


THE CHARTER OF Tr'r CITY OF XEW YORK. 


The controller of The City of New York 
shall be elected and [shall] hold office as 
provided in this act, and [he] shall receive 
an annual salary of [ten] fifteen thousand 
dollars, and shall account to and pay into 
the city treas ury all fees and emoluments lo 
which he may be entitled u nder the general 
tax law of the state of New York and all 
other statutes wh ether general or special. 

Comptroller to appoint two depnty 
eonipt rollers. 

Sec. 150. The comptroller shall appoint, and 
for cause to be stated in the City Record, at 
pleasure remove, two deputy comptrollers. The 
said deputy comptrollers shall, in addition to 
their other powers, possess any or every 
power and perform any or every duty belong- 
ing to the office of the comptroller, whenever 
the said comptroller shall, by due written au- 
thority and during a period of time cot ex- 
tending bes'ond three months, nor beyond his 
term of office, and to be specified in such au- 
thority, designate and authorize the said dep- 
uty comptrollers or cither of them to possess 
such powers and perform such duties and 
such designation and authority shall be duly 
filed in and remain of record in the depart- 
ment of finance and In the mayor’s office. The 
said deputy comptrollers shall possess the like 
authority in case of the disability of the comp- 
troller, upon the like designation of the 
mayor, which shall be filed and remain of 
record as aforesaid; but such authority de- 
rived from a designation from the comptroller 
or the mayor, may at any time be terminated 
in the same manner as it was created. 

Burenii.s of the [linHiicc] depurlnicjit of 
fliianee. 

See. 151. There shall be five bureaus in 
this department. 

1. A bureau for the collection cf revenue 
accruing from rents and interests cn bonds 
and mortgages, and revenue arisirg from the 
use or sale of property belonging to cr man- 
aged by the city, and the management of 
the markets, the stalls or stands in which 
shall be rented on permits, to be issued 
by the controller, all of such permits here- 
tofore or to be hereafter issued to be re- 
vocable by the controller for good and 
sufficient cause, and not otherwise, which 
shall be known as the bureau for the col- 
lection of city revenue and cf markets. The 
chief officer of such bureau shall be called 
the collector of city revenue and the su- 
perintendent of markets. It shall b e lawful 
for such bureau, under the direction^ of the 
cemptrolier. to collect rental for the tem- 
porary use and occupation of proparty ac- 
qulretl by the ciO’ for public purposes be- 
tween the time of the acquisition tliere- 
of an d the tlma when the same can be act- 
ually ut ilized fo r the purposes for which 
It was acquired, and of properly which, 
naving been originally acquired for public 
p„i poses, ha s ceased to be u sed fi.r .such 
purposes. 

t A bureau for the collection cf taxes, 
the chief officer of which shall be called the 
receiver of taxes. He shall receive a sal- 
•jy at the rate of $5,000 per annum. 

3. A. bureau for the collection cf assess- 
ments, and cf such taxes, assessments and 
water rents as are in arrears, the chief' offi- 
cer of which shall be called the collector 
of assessments and arrear.5. He shall re- 
ceive a salary at the rate of $4,000 per 
annum. 

4 . -An auditing bureau, which under the 
supervision of the comptroller shall audit, 
revise and settle all accounts in which the 
city is concerned, as debtor or creditor, and ' 


the chief officers whereof shall be called 
auditors of accounts, to be appointed or re- 
moved, as shall be also deputy auditors, at 
the pleasure of the comptroller. [The num- 
ber cf said auditors and deputy auditors, 
as well as their salaries, shall be such 
as the controller shall from time to time 
fix and determine.] During the absence of 
either cr any or all of said auditors cf ao- 
ccunts, from illness or other cause, said 
deputy auditors or any or either cf them 
shall, when and to the extent he or they 
may be authorized so to do in writing by the 
ccntroller, perffcrm the duties and exercise 
the powers cf either cr of any or cf ail 
cf the said auditors of accounts. The .said 
auditing bu,"eau shall keep an account of 
each claim for and against the corporation, 
and of the sums allowed upon each, and 
certify the same to the controller, with the 
reasons fer the allowance. The controller 
j may detail any of such auditors and deputy 
1 auditors as he may deem proper to the bor- 
ough hall cf the borough of Brooklyn, to 
the borough hall cf the borough of the 
Bronx, to the borough hall of the borough 
of Queens and to the borough hall of the 
borough of Richmond, in addition to such 
as may be in the chief office cf the con- 
troller in the borough of Manhattan. All 
such accounts arising from local improve- 
ments within the borough of Brooklyn may 
be audited, revised and settled by the audi- 
I tor cr the auditors of accounts so detailed 
j as aforesaid by the controller in the borough 
hall cf :he borough cf Brooklyn. .All such 
accaanto arising from local improvements 
within the borough of Queens may be 
audited, revised and settled by the auditor 
or auditors of accounts so detailed as afore- 
said by the ccntroller in the borough hall 
of the borough of .Queens. All such ac- 
counts arising from local improvements 
within the borough of Richmond may be au- 
dited, revised and settled by the auditor \ 
or auditors of accounts so detailed as 
aforesaid by the controller in the borough 
ball of the' borough cf Richmond. And all 
such accounts arising from local improve- 
ments wi:hin the boroughs of .Manhattan 
and the Bronx may be audited, revised and 
settled by any cf the auditors of accounts in 
the chief office of the controller in the bor- 
cugli cf Manhattan, cr, so far as the bor- 
ough of the Bronx is concerned, in 
the office to be located in the bor- 
ough ha'.I of the borough cf the | 

Bronx, and the auditors of accounts ' 
may have such clerks and assistants, 
examiners, engineers, inspectors and em- 
ployes as the contrnlier may deem neces- 
sary and proper, to be appointed by the i 
comptroller. [The number of said ap- 
pointees. and their .salaries, shall be fixed 
and determined from time to time by the 
complroller. ] 

5. .A bureau for the reception and safe 
keeping cf all moneys paid into the trea;- 
ury of the city, and for the payment rf I 
money cn warrants drawn by the coniroilor 
and countersigned by the mayor, the chief 
officer of which shall be called the cham- 
berlain. 

.Aniiolntmeut ami bond of recolvcr of 
taxes and collector of assesKments 
and arrour.s. i 

Sec. 152. The controller shall appoint the ' 
receiver of taxes and the collector of assess- ’ 
nu’r.ts and arrears. The receiver of taxes and ' 
the collector of assessments and arrears, be- ; 
fore entering upon the duties of their offices, j 
shall each enter into a bond to the city i 
of New Y'ork to be approved by the j 
chamberlain and controller in the ' pen- I 
al sum of twenty-five thousand dollars, which ; 


bond shall be conditioned for the faithful per- 
formance of the duties of the office by the offi- 
cer giving such bond. Every such bond shall 
bo a lien on all the real estate held jointly 
and severally by the said receiver or the said 
collector executing the same, as the case may 
be, or any surety thereto, within any of tho 
counties embraced in the city of New York at 
the time of the filing thereof, unless there be 
named and described in cr cti any such bond 
real estate la one or more of such counties 
equal in value to the amount of said bond and 
owned by a surety. In which case the said 
bond shall be a lien on such real es- 
tate so described and upon all the real estate 
of the said receiver or collector as the case 
may be, and no other, and shall continue to 
bo such lien until the condition, together with 
all costs and charges which may accrue by the 
prosecution thereof shall be fully satisfied, 
not to exceed, however, the period of ten 
years after the [expiration of the term of 
the officer who has given such bond,] time 
when the officer who has given such bond 
shall have ceased to hold his office, unless 
an action thereon has been commenced and 
shall then be pending. 

Renewal of bond. 

Sec. 153. If at any time during the continu- 
ance in office of the said receiver of taxes 
or of any of the deputy receivers of taxes or 
of the collector of assessments and arrears or 
of any of the deputy collectors of assessments 
and arrears the controller shall deem any 
surety of them or either of them to bo in- 
sufficient, he may require tho said receiver 
or any deputy receiver or collector or any dep- 
uty collector, to enter Into a now bond 
to be approved in like manner as 
herein prescribed, within such time as 
said controller may direct, not being less 
than ten days after requiring such now bond 
to be given; and in case of the neglect or re- 
fusal of any such officer to furnish such bond 
within the time so directed, the controller 
may declare his office vacant. 

Aceouiita of receiver and collector nnd 
tlieir dei>atfes to 1>e examined. 

Sec. 154. [Upon the expiration of the term 
of office of the] Whenever a receiver of taxes 
or [of] any deputy receiver or [of the] a 
collector of assessments and arrears or [of] 
any deputy collector shall cease to hold office, 
and within one year thereafter, it ehall be the 
duty of the comtroller to examine the ac- 
counts of such receiver cr collector or depu- 
ty. and if found correct to cause a certificate 
to that effect to be filed with the 'bond of euch 
officer, and such certificate so filed shall be a 
full discharge and eafisfaction cf the condi- 
tions of such bond and the lien or liens there- 
by created. And if at any time during his 
continuance in office any such receiver, col- 
lector, or deputy receiver, or deputy collect- 
or shall execute and file with the controller 
a new bo-nd in the same form and penalty and 
approved as provided in section 152, it shall be 
the duty of the controller to examine and 
adjust the accounts of such receiver cr col- 
lector or deputy, to the date of such filing, 
and. If found correct to cause a certificate to 
that effect to be filed with the bond or bonds 
previously filed by such officer, and such cer- 
tificates so filed shall be the full discharge 
and satisfaction of the condition of such prior 
bond or bonds and of the lien or liens there- 
by created. 

Ucooiver of taxes and eolleetor of ns- 
Ne.ssmcnts nnd arrears; wliere lo 
keep oillees. 

Sec. 155. The receiver of taxes and Ae eol- 
leetor of assessments and arrears shall each 
have his chief office in the borough of Man- 


i 


THE CHARTER OF THE CITY OF NEW YORK. 


19 


hattan at Such places as shall he, from time 
to time, by ■ordinance of the municipal as- 
sembly designated for that purpose. Bacb 
of them shall also have an office in the bo- 
rough of Brooklyn, in the borough of the 
Bronx, in the borough cf Queens and In the 
borough O'f Richmond, at such places in said 
boroughs as shall be designated by the [mu- 
nicipal assembly] controller. 

Ueceivers of taxes ati«l collector of as- 
Hes.snients nu«l arrears may appoint 
deputies. 

Sec. 156. The receiver of taxes and the col- 
lector of assessments and arrears may each, 
appoint the requisite number of deputy tax 
receivers and of- deputy collectors of assess- 
ments and arrears respectively. Each of them 
shall take from each deputy so appointed by 
him a bond, in such penal sum and with such 
sureties as may be approved by him and by 
the controller and chamberlain, which bond 
shall run to the receiver cr the collector, as 
the case may be. The City of New York and 
to wham it may concern, and shall be con- 
ditioned for the faithful performance of the 
duties of such deputy. The receiver of taxes, 
and his sureties, shall be liable for the acts 
and defaults of the deputy receivers so ap- 
pointed, and the collector of assessments and 
arrears, and his sureties, shall be liable for 
the acts and defaults of the deputy collectors. 
Each bond taken in pursuance of the provis- 
ions of this section shall be hied with the 
controller. Each deputy receiver of taxes 
shall have all the powers and be subject to all 
the duties cf the receiver of taxes in respect 
to the collection and receipt of taxes, and each 
deputy collector of assessments and arrears 
shall have all the powers and be subject to all 
the duties of the collector of assessments and 
arrears, in respect to the collection of assess- 
ments and arrears. [The deputy receiver of 
taxes and deputy collectors of assessments and 
arrears shall receive annual salaries to be 
fixed by the controller in his discretion, with- 
in the limits of the appropriation made there- 
for.] 

Where faxes, assessments and arrears 

jire due and payable. 

Sec. 157. Taxes, assessments and arrears 
due upon property within the borough of Man- 
hattan, shall be payable and receivable at the 
main offices of the receiver of taxes and of the 
collector of assessments and arrears respect- 
ively, in said borough. Taxes, assessments 
and arrears due upon property situated in 
every other borough shall be payable at the 
offices of said receiver of taxes or collector of 
assessments and arrears respectively, in the 
borough in which said property is situated. 

Bond ot receiver and eolleelor lo be 

filed. 

Sec. 158. The bonds given by the receiver 
of taxes and the collector of assessments and 
arrears as hereinbefore provided shall be filed 
and remain in the cnlcc of the controller, and 
true copies thereof, certified by the con- 
troller, shall be filed in the office of the clerk 
of each of the counties [wholly or partly] em- 
braced within The City of New York and shall 
be public records. In case a certificate of the 
adjustment of the accounts of any receiver or 
collector be made as hereinbefore provided 
a true copy thereof, certified by the controller, 
shall be filed in each of the offices in which a 
copy of the bond of said receiver cr collector 
shall have been filed. 

A.'^sessii! en t lists to be fileil. 

Sec. 159. There shall be kept in the office 
of the [controller] collector of assessments 
and arrears a full and complete record, in 
iet^r, ”of all lists of assessments confirmed. 


whether by the supreme court or the board cf j 
revision or the board of assessors, with the | 
date of confirmation and the date of entry un- | 
der such record, which record shall be epen ] 
to inspection during office hours, and the 
same shall be received as presumptive evi- 
dence of the facts therein contained. An as- 
sessment shall become a lien upon the real es- 
tate affected thereby [immediately upon] 
ten days afte r its entry in said record. If 
any such assessment list affects property 
situated in any borough, other than the bor- 
ough of Manhattan, a copy of such list shall 
forthwith be transmitted to and filed in the 
office of the collector of assessments and ar- 
rears in the borough in w'hich is situated the 
property so affected. 

Controller to appoint clerks ami as« 
.sistniits. 

Sec. 160. The controller shall appoint as 
many clerks and assistants to the receiver of 
taxes and the collector of assessments and ar- 
rears as may be necessary, and shall desig- 
nate the boroughs in which they shall respect- 
ively perform their duties, [.and shall, with- 
in the limits of the appropriation therefor, 
fix their salaries.] 

Publication of flnnneial statement. 

Sec. 161. It shall be the duty of the con- 
troller to publish in the City Record [and 
corporation newspapers, two months before 
the election of municipal officers] wutWn 
two months after the clo se of each ca l end ar 
year, a full and detailed statement of the 
receipts and the expenditures of the corpora- 
tion during the [two years ending on the first 
day of the month in w'hich said publication ; 
is made] preceding year and the cash bal- 
ance or surplus; and in every such 
statement the different sources of city 
revenue, and the amount received from each, 
the several appropriations made, the objects 
for which the same were made, and the 
amount of moneys expended under each, the 
money borrowed on the credit of the corpo- 
ration, the authority under which each loan 
was made, and the terms on which the same 
was obtained, shall be clearly and particular- 
ly specified. 

Application of certain moneys. 

Sec. 162. It shall be lawful for the con- 
troller to apply the moneys accruing for in- 
terest on the sales ot lands in said city for 
unpaid taxes, assessments, and water rents, 
or so much thereof as shall be required, 
to the account or fund designated “lands 
purchased for taxes and assessments,” such 
moneys to be used for purchases by the cor- 
poration at such sales. 

Deilication of certain lands for mar- 
kets. 

Sec. 163. The lands in the Ninth ward of 
that part of the corporation heretofore known 
as the mayor, aldermen and commonalty of the 
city of New York, bounded on the north by 
Bloomfield street, on the south by Ganse- 
voort street, on the east by West street and 
Tenth avenue, and on the west by Thirteenth 
avenue, being a portion of the lands hereto- 
fore set apart by law for use as a market 
place, are hereby dedicated to market pur- 
poses, and shall be used and occupied as 
such in the manner that may be designated 
and prescribed by the commissioners of the 
sinking fund, who shall have full power and 
authority in respect thereto. Said commis- 
sioners of the sinking fund may, in their dis- 
cretion, lease said lands to be used for 
public market purposes for such term of 
years, with such covenants, and for such 
annual rentals, as in their judgment shall 
be for the best interests of the city, or 


may prepare the same for use as a public 
market. The block of ground in said ward 
bounded on the north by Little Twelfth 
street, on the scuth by Gansevoort street, 
on the east by Washington street, and on 
the west by West s'treet and Tenth avenue, 
is hereby declared to be a public market 
place, and subject to the provisions of section 
two hundred and five of this act, shall be 
kept for the exclusive use of farmers and 
market gardeners. Any farmer or market 
g ardener d esiring to use such market, or the 
market in the borough of Brooklyn known 
as the Wallabout farmers’ market, may pre- 
sent to the department of finance an affi davit , 
stating his name, residence, occupation and 
a genera l description of the c ommodities 
which he desires to sell in any such market, 
together with a request that a license be 
issued to him to use the same. On the filing 
of such affidavit and the payment of a nomi- 
nal fee suffi cient t o defray the cost of Issu- 
ing said license the department ot finance, if 
satisfied that such applicant is a proper pe r- 
Eon. shall issue to him a license to use such 


market for a period not to exceed one year . 
Such licenses shall be numbered and re g is- 
tered in the department of finance, and the 


department ot finance sh all issue to su ch 
licensee a metalli c tag or p late, with the 
number of such license thereon. Such tag 
or plate shall be of convenient f orm and suit- 

able design, approved by th e department of 
finance. No person sh all be permitted to 
use any such market except h e be a holder 
of one of said licenses an d while u sing such 
market shall at all times c ause to be con- 
spicuously displayed t he tag o r plat e con - 
laining the number of his lic^se. The de- 
partment of finance shall have sole charge 
and control of [said] any such public mar- 
ket place and of the wagons employed in the 
business of selling farm and garden produce 
in said city, and shall have power to make 
suitable regulations concerning fees, the hours 
during which the said business shall be con- 
ducted, and the general management of the 
same. 

Controller’s pow ers In WnHaliouJ 

market. 

Sec. 164. The department of finance of The 


City of New York shall ha ve sole charge 
and control of the Wallab out market lands 
in the borough of Brooklyn and o f the w a gons 
employed in the businesss of selling far m 
and garden produce in and about said Wal- 
labout market, and shall have power to make 
suitable regulations concerning f ees, the hours 
during which the said business sha ll be con- 
ducted and the general mau^^ment of the 
same. The portion of th e said market com- 
monly known as “farmers’ square” shall be 
j kept for the exclusi ve use of farmer s and 
market gardeners. 'The contr oll er shall have 
1 and be veste d with all the powers exercised 

I by the commissione|' of_city ^orlrs of^lm 

! former city of Brooklyn, and s hall have the 

i sole power to lease any portion of the said 

I market lands and ren^w^ exi sting leases on 
j such terms and at such rentals as may b e 
I agreed upon between him anj^ the lessee s 
i or holders, subject to the fol lowing provi- 

j sions as to the rate of rent. In case the 

I amount of rent for a ny r e newal term of 
I any lease be not agreed up on as aforesaid by 
I Ib^lirst day of _^nuary precedmg rte ex- 
[ piration c^ihc previ ous term the same sh alL 


20 


THE CIIAIITKR OF THE CITY OF XEAV 


if e ither the controller or the lessee or holder 
shall so elec t, be fixed as now provided by 
law except that the rent may, in the discre- 
tion or the controller, be reduced. The i*ents 
for such renewal terms whether agreed upon 
as above provided, or fixed as now provided 
by law shall not be less than an amount 
equal to two-thirds of the rent of the pre- 
ceding term, nor exceed an amount equal to 
the rent of the precediug_term and one- 
tbird thereo f in addition thereto. The con- 
troller may at any time, with the consent 
of the lessee or holder, vary or modify any 
of the provisions of any lease of such lands. 
The controller may also adjust_and settle 
any claims and controversies in regard to 
rents and oth er matters that apperta in to any 
lease both those which have heretofore arisen 
and a ny which may hereafter arise during 
cither the original term or any renewal or 
extension t hereof as in his opinion justice' 
may require. Renewal s cf existing leases 
shall be made according to the provisions 
thereof, unless, within thirty days after the 
passage of ibis amendment, written notice 


be given to said controller by the_^les^e<^_or 
holder of his election that the said lease 


revenue bonds, as well as all bond<s hereafter 
to be iscued by the city of New York 'by vir- 
tue of this act or cf any oilier act. whether 
general or special, ehali be free and exempt 
from all taxation, except for state purpoeas. 
The interest on sudi corporate etock and on 
all other bends cf the corporation, except 
revenue bonde. tahall not exceed four per cen- 
tum per annum, and shall be made payable 
quarterly, cr semi-annually, in the city of 
New York, or at such other place as may be 
fixed by the said controller at the time of 
ksue of said stock or bonds; provided, how- 
ever, tha-t the interest on revenue bonds, is- 
sued in anticipation of the collection cf taxes 
may be made payable at the date of the ma- 
turity thereof. [Corporate stock of the 
City of New York, issued in pursu- 
ance of laws ali'eady passed or which 
may be hereafter passed, or in pursu- 
ance of the provisions of this act, shall be, 
unlees otherwise provided by this act. issued 
by the controller only to the extent to which 
he may be thereunto authorized by resolu- 
tion of the municipal assembly and the hoard 
of estimate and apportionment adopted by ^ 
vote as provided for in this act.] Such cor- j 
porate stock may be authorized to be issued j 


, by t he board of estimate^mid apportionment 
without concurrence or approval of any other 
and r enewals ther eof be subject to the pro- | board or public body for the following pur- 
visions of this section. The controller may 


In his discretion allow such iiotice ^.o^be 
given after the expiration of such thirtv days 
but nothing herein contained shall ‘ interfere 


2r I poses and within the following limitations: 


_ i 1. For the purposes specified in section one 

hundred and seventy of this act: 2. For the 
purposes specified in section one hundred 


with the j uris diction of the deparement of j seventy-four of this act: 3. For the pur- 


docks and ferries of The City of New York 
over the piers, bulkheads and water front 
in and ar'^und said Wallabou t marke t lands, 
nor wit h the jurisdiction of the president of 

the borough of B rookl yn over said \Valla- 

hout market land s, so far as concer ns his 
powers over highways. 


TITLE 2. 

THE BO\nS AM) OIU.IGATIONS OF 
THE CITY. 

Corpfirat** stooK •►f the city 

York, How ixxiieil. l•rovl.siou^< :is to 

ImiikIcU liidebteilocsN. 

Sec. All bond»3' issued by the city of 

New Y’ork on and after January 1, 1S08, in 
pureuanee of laws already passed cr which 
may hereafter be passed, cr in pursuance of 
the provifiion^ of this act, excepting assess- 
ment bondts and revenue bonds, shall be 
known as “Corporate Stock cf the City of 
New York." For the redemption and pay- 
ment of caid corpo.rate stock and the interest 
rtiereon. the faith and credit of the city of 
New York eha'.l be and is hereby pledged. 
Such cerporate stock shall be in such form 
«s may be designated by the c-ontroller. and 
shall 'oe signed hy the said controller and the 
mas-or of the city of New York, and sealed 
wich the common seal of the city cf New 
York, and attested by the city clerk. Such 
corporate etcck shall be in coupon form in 
sums not le-ss than fl\*e hundred dollai>3 each 
chare, cr shall be registered, and shall be 
conditioned to be paid in gold coin, or in the 
legal currency of the United States, at the op- 
tibn of the commissioners of the sinking 
fund and .shall be made redeemable at 
a period of not less than ten, nor 
more than fifty years from the date there- 
of: [provided, however, that such stock when 
iccued to provide for the supply of water 
chali always be issued in the manner provid- 
ed by section ten or article eight of the consti- 
tution of the state of New York.] Such cor- 
porate stock and all assesksment bonde and 


poses FPeoified in section o ne hundred and 
seventy-s ix' of this net; 4. For the purposes 
specified in se ction one hundred and eighty- 
four of this act: 5. For the purposes specified 
in section two hund red and thirtv-five’ of 
this act:^. For the purposes specified in sec- 
tion four hundred and Iw^enty-two of this 
jact: 7. For the purposes specified in section 


one hundred and seventy-eight of this act, 

to a n amount not exceeding two million 

dollars in any one calenda r year: 8. To pay 
the awmrds. costs, charges and expenses of 
aconirius title to lands reouired for public 
purp os es a nd which have been or may here- 
aftor be a uthorized by or pursuant to law; 9. 
Pbr constructing and eq uipping school build- 
ings and acauired sites therefor to an 
am ount not exc eeding three million five hun- 
di^d Jbousand dollars in any one calendar year; 
TO. For th e repa ving of streets to an amount 
loot exceeding tv.m million dollars in any 
one calendar year: 11. For the improvement 
oj parks, parkways and drives to an amount 
not exce eding five lunidrec^tbousand dollars 
i n any one calend ar year. Corporate stock 
to he issued for purpo ses other than those 
h''re)nb#»fnre in this section soecificallv enura- 


erated. or for su ch nurposcs in excess of the 
amounts th erein soecifi^^d. shall be authorized 
by the board of aldermen wi th the approval 
of the board of e stim ate and apportionment 
‘1® by sect ion forty-seven of this 

act: provided, however, that wherever by 
existing provisions of law. [or by the provi- 
sions of this act.] the commissioners of the 
sinking fund may be specifically authorized 
to provide for the issue of stocks, or bonds, 
said authorization of the controller shall be 
made by said commissioners instead of [the 
said municipal assembly and] said board 
of estimate and apportionment, [and pro- 
vided, further, that whenever the amount of 
stocks or bonds required to be issued in pur- 
suance of any law for any one purpose in 


Y^ORK. 


any year shall not exceed the sura of one 
hundred thousand dollars, the controller may 
issue such bonds when thereunto authorized 
by the vote of a majority of the board of 
estimate and apportionment] ; and th at u oth- 
ing in this secti on contained shall affect the 

provisions of sections one huudeed and ei ghty 

t ^vo hundred and thi rtee n of this act. 

Inmiic of stock or bonds by the City of 

\c\v York take the iHnee of bontls 

aiitborixed to be issned by laws eii- 

aeted prior to .)nnuar> 1st, 1S9.S. 

Sec. 170. Whenever, and to the extent to 
which, it may be lawful for the municipal or 
public corporations or parts thereof, including 
the counties of Kings and Richmond, which 
by this act are made part of the corporation 
of the city'cf New York, to is.sue for public 
purposes bonds pursuant to laws enacted 
prior to January 1, 1898, it shall be lawful 
for the city of New York, as hereby constitut- 
ed, to issue corporate stock as herein provid- 
ed for the same purposes; provided, however, 
that the amount so to be issued shall not in 
any one case exceed the balance remaining 
unissued of the amount limited to be is- 
sued pursuant to the authority cf said laws. 
In similar instances assessment bonds and 
revenue bonds of the city cf New Y'ork, as 
hereby constituted, may likewRe be so i.s- 
sued, subject to the same limitations as to 
the amount thereof. 

BondM to be isKti<»4t in .siiiiim of ten dol« 

InvM or any iniiltiiile tbereof. 

Sec. 171. Whenever it shall be lawful to is- 
sue any bonds of the city of New York as 
constituted by this act, the ^ame, when is- 
sued in registered form, may be issued in de- 
nominations of ten dollars or any multiple 
thereof. Preference shall, as far as practica- 
ble, and without pecuniary disadvantage to 
the said city of New York, be given to appli- 
cants for the smallest amounts and smallest 
denominations of said bonds in issuing the 
same. 

rnl ion 4>f Mloeks 2 ind IioikIh. 

Sec. 172. All stocks and bonds heretofore 
lawfully issued by any of the municipal or 
public corporations or parts thereof, which 
have heretofore been annexed to or consoli- 
dated with the corporation known as the may- 
or. aldermen and commonalty of the City of 
New Y’ork, or w'hich by this act are made part 
of the corporation of the City of New Y'ork. as 
hereby constii^uted, including the counties of 
Kings and Richmond, for the payment of the 
principal and interest, of which the City of 
New Y^ork is liable, may be registered and 
must be recorded by the owners thereof in 
the controller’s office in said city; and shall be 
transferable at the pleasure of the holder, 
either in person or by attorney, only upon the 
books of the corporation in said office, and sub- 
ject to such reasonable rules and regulations 
as the controller may prescribe; such registry 
and transfer to be indorsed thereon by the 
controller. Whenever such stocks or bonds 
have been issued in coupon form, and when- 
ever hereafter corporate stock of the City of 
New York may be so issued, it shall be the 
privilege of the holders thereof at any time, 
subject to such rules and regulations to con- 
vert the same into registered stock or bonds 
and the controller is hereby authorized Ic is- 
sue registered stock or bonds therefor in the 
manner and form in which the same would 
have been conditioned if originally issued in 
registered form. The interest on all such 
stocks and bonds, when so registered, shall, 
as the same becomes due ana payable, be 
paid in like manner as upon other registered 
stocksand bonds of the City of New Y'ork; and 
whenever any such stocks or bonds have 


21 


THE CHAUTEn OE THE CITY OF NEW YORK 


coupons attaclieU, the controller shall, upon ! 
registration thereof, have authority to de- j 
tacU all coupons therefrom, and shall there- I 
upon indorse the fact of such registration, I 
with a reference to this section. | 

K11114I for Ntreet park opeuiiiK'M. I 

. I 

Sec. 173. The fund heretofore established 
and accumulated in the treasin*y of the cor- 
I)oration known as the mayor, aldermen and 
commonalty ot the City of New York, entitled 
the fund for street and park openings, shall 
be continued in the corporation of the City of 
New York, as hereby constituted. The said 
fund for street and park openings shall consist 
of: 

1. Whatever cash balance in said fund 
may upon January 1, 1898, be on deposit in 
the treasury of the corporation known as i 
the mayor, aldermen and commonalty cf ! 
the city of New York. 

2. Whatever cash balances there may be 1 
on January. 1, 1898. in the treasuries or ! 
standing to the credit of the several munic- 
ipal or public ccrporatioas or parts thereof 
which by this act are made part of the 
corporation of the city of New York, and 
which said cash balances may be applicable 
to the payment of damages awarded by the 
commissioners of estimate and assessments 
In reports heretofore confirmed or hereaf- 
ter to be confirmed in proceedings taken to 
cpen any street, road, avenue, boulevard, 

• public square, or place, park or parkway, 
or to acquire title to land required for any 
bridge, tunnel cr approach thereto, and all 
the costs and expenses of such proceedings 
heretofore or hereafter taxed. 

3. Such sums as may be raised by 
taxation in the city cf New York, and the 
proceeds of such bonds as may be issued 
as by this act provided to meet the ex- 
pense, in whole cr in part, of any of the ob- 
jects and purposes in the preceding subdi- 
vision of this section specified. 

4. Ail mone-ys ^lereafter collected by 
the city of New York, as hereby consti- 
tuted, for cr on account of assessments 
made and confirmed and hereafter to bo 
made and confirmed for opening any street, 
road, avenue, boulevard, public square or 
place, park or parkway, or for acquiring 
title to land required for any bridge, tun- 
nel or approach thereto, wholly or partly 
within the limits of the several munici- 
pal or public corporations or parts thereof, 
which by this act are made part of the cor- 
poration of the city of New York. 

I)nmn»?eK, etc., to be paid from aaUl 
fund. 

Sec. 174. From the said fund for street and 
park openings, and not otherwise, shall be 
paid all damages awarded by the commis- 
sioners of estimate and assessment in reports 
hereafter or heretofore confirmed in proceed- 
ings taken to open any street, road, avenue, 
boulevard, public square or place, park cr 
parkway, or to acquire title to land required 
for any bridge, tunnel or approach thereto in 
The City of New York, as hereby constituted, 
and all the ci sts and expenses of such pir- 
ceedings heretofore or hereafter taxed. The 
person or persons to whom awards sbal. be 
made . in such proceedings, wherein reports 
are or have been confirmed, and the person 
or persons in whose favor costs and expenses 
may be or have been taxed, shall not have 
an aciion at law against The City of New York 
for such awards, costs cr expenses, but may 
require the officers of said city to raise, as 
hereafter provided, the money necessary to 
enable the controller to pay such awards, 
costs and expenses from the said fund, and 
thereafter compel the payment of such dam- 
ages, costs and expenses from such fund. 


Whenever the amount of the damages award- 
ed in any report, together with i.io co.sts of 
the commissioners and the charges and ex- 
penses, shall exceed the balance remaining 
ill said fund after doduciiiig all outstanding 
claims against said balance, the controller is 
authorized to raise by the issue and sale 
of revenue bonds such amounts as shail he 
necessary to pay such damages, costs and ex- 
penses; provided, however, that In each and 
every case in which by virtue of any existing 
statute or any statute hereafter enacted, or 
by virtue of any act or resolution hereto- 
fore or hereafter adopted by any board or 
body pursuant to any statute, the wliole or 
any portion cf the awards made in any pro- 
ceeding, and of the costs and expenses there- 
of, are payable out of the fund for street 
and park openings and are not to be as- 
sessed upon the property benefited, but are 
to be borne and paid by The City of New 
York, the board of estimate and apportion- 
ment may, in its discretion [by a majority 
vote] direct that the amount so to be borne 
and paid by said City of New York shall be 
raised by the issue and sale of corporate 
stock of The City of New York, and the con- 
troller shall thereupon issue and sell said 
stock at such times and in such amcuius as 
may be necessary, and shall pay the procecd-s 
thereof into said fund for street and i-ark 
openings. 

Sec. 175. The corporation counsel shall fur- 
nish to the board of estimate and apportion- 
ment in each year, at the time of making 
the estimate for the ensuing year, a list 0 / 
all reports confirmed fer the twelve preceding 
months with a statement of the amount of 
awards and costs taxed in each proceed- 
ing. The controller shall at the same 
time furnish to the said board state- 
ments of the amount of such awards and 
costs already paid, and of the amounts due 
for awards and costs payable from the said 
fund and still unpaid, and of the amounts of 
revenue bonds then outstanding, issued in 
pursuance of the last preceding section, and 
of the balance in the treasury to the credit 
of the said fund. The [municipal assem- 
bly] board of aldermen and the said 
board shall thereupon include in the 
annual budget for the ensuing year a sum 
sufficient, with such balance, to pay all claims 
for the awards and costs in all proceedings 
in which, reports shall have been prior to that 
time confirmed, and which awards shall not 
then have been paid, and also a sum sufficient 
to pay and discharge the revenue bonds then 
outstanding and issued in pursuance of the 
last preceding section. 

Payiuent of ustNeHsiuoiif m iiiiiioKed iifioii 

the elty <>f Xevv York. 

Sec. 17G. It shall be the duty of and lawful 
for the controller when thereto authorized by 
[the municipal assembly and] the board 
of estimate and apportionment to issue such 
amounts of the corporate stock of The City 
of New York as shall be necessary to provide 
the funds to enable said controller to pay 
any and all assessments and expenses im- 
posed, or that may hereafter bo imposed 
directly or indirectly upon The City of New 
York, by reason of the laying out. opening, 
regulating and grading or improving any and 
all streets, roads, avenues, public parks, 
squares or places, or the construction of 
sewers, and out of the proceeds of said stock 
to pay such assessments and expenses. 

UiMpoMit ion of iii4>i(<‘ys revoivotl from 

o^rtaiii uMMCXMnieiif H. 

Sec. 177. The moneys collected upon the 
assessments laid by the commissioners of 


estimate and asses.sment. appointed in pur- 
suance of Sections G70 to U7S inclusive of 
Chapter 410 of the Laws of 1S82, as amended, 
shall be applied toward the payment or the 
fund or stock authorized by Section 140 of 
Chapter 410 of the Laws of 1882. as amended, 
payment of .said awards and expenses, if re- 
ceived before the issue cf said fund cr stock, 

MApeiiMeM rclaliiiu fiie wilier Niipiiiy, 

flow lo be iiiel. 

Sec. 178. It .shall be the duty of the controll- 
er, and he is hereby authorized and directed 
when thereto authorized by the [municipal 
assembly and] the board of estimate and ap- 
portionment. or wlien the amount. to be U.sued 
in any one year exceeds the sum of two mil- 
lion dollars when thereunto authorized t)y 
the board of aldermen and the bo ard of es- 
timate and apportionment, on requisition of 
the commisioner of water supply, to raise, 
from time to time, on the issue of corporate 
stock of The City of New York, amounts of 
money sufficient to pay the sums which may 
bo necessary from time to time to be paid 
for the acquisition of any real estate, of for 
the extinguishment of any right, title or in- 
terest therein to be acquired or extin- 
guished under the provisions of the 
laws relating to the supply of water 
to the city, together with all expenses 
necessarily incurred in surveying, locat- 
ing and acquiring title to such real es- 
tate, or extinguishing claims, for damages 
thereto; and also all such sums as, from 
time to time, may be found necessary for 
the construction of aqueducts, reservoirs, 
dams, sluices, canals an'd appurtenances and 
for the distribution of wate r by mains, pipes, 
or other conduits; and all such payments 
shall be made by the controller on the cer- 
tificate of the commisioner of water supply; 
[provided, however, that the amount so 
raised shall not in any one year exceed the 
limitation which, by law, may be or. may 
have been imposed as to the amount of ex- 
penditure to be made therefor.] 

BoiiiIk for (irniiiM. 

Sec. 179. It shail be the duty of the controll- 
er, when thereto authorized by the board of 
estimate and apportionment, to issue assess- 
ment bonds in behalf of TheCityof New York, 
to an amount sufficient to raise the sum nec- 
essary to pay any damages that may from time 
to time be awarded to the owners of lands for 
the right of way required for drains and for 
the expense of plans and surveys and the fees 
of commissiOTier-s. The proceeds of such bonds 
shall be paid into the street improvement fund, 
from which fund payments as aforesaid shall 
be made, and assessments collected on account 
thereof shall be luid Into said street improve- 
ment fund. 

KxpeiiNOH of tlie ilepi^rtnient of doeka 

ximl ferries; liow' met. 

Sec. 180. The controller shall, from time 
to time, when authorized by the board 
estimate and apportionment on therecoin men- 
dation of [directed by] the commissioners 
of the sinking fund, issue corporate stock 
of The City of New York iu such amounts 
as they may deem the public interests to de- 
mand. but not exceeding five million dollars 
in any one calendar year for the purpose ot 
raising the money necessary to carry out the 
provision of title one of chapter sixteen of 
this act, relating to the department of docks 
and ferries, its powers and duties. In case 
the public interests demand the issue of such 
bonds to an amount exceeding the sum of five 
million dollars in any one calendar year, the 
approval and authority of the board of al- 




THE CHARTER OF THE CITY OF NEW YORK. 


dermen shall be o btained therefor in the 
manner p rovided for by sections forty-seven 
and forty-eight of this act. [Not more than 
three million dollars of such stock shall be 
issued in any one year; provided, however, 
that there may also be issued an additional 
amount of such stock, equal to the balance 
remaining unissued of the amount of dock 
bonds authorized to be issued by the provis- 
ions of chapter two hundred and forty-si.\ of 
the laws of eighteen hundred and ninety- 
six.] The moneys received from sales of 
such stocks shall be deposited in the treas- 
ury of the city and shall be drawn out and 
paid by the controller af said city for the 
several objects and purposes provided in said 
title, relating to the said department, its 
powers and duties, upon the requisition of 
the board of docks [countersigned by the 
commissioners of the sinking fund] ; pro- 
vided, however, that the commissioners o f 
t he sinking fund may specify from time to 
time in such detail as may seem to them 
proper the purposes to which the proceeds o f 
the sale of such stock shall be applied and it 
shall thereupon be unlawful for the board of 
docks to incur an y liability or exp ense in 
excess of an y appropriation thus made. The 
expenses and compensation of said poard, its 
rents, the compensation of its appointees, 
the purchase money and damages awarded 
upon the acquisition of private property, 
the payments under the contracts authorized 
in said title and for work performed under 
the same, and all other expenses and dis- 
bursements necessarily incurred in carrying 
out the said provisions of said title in keep- 
ing, maintaining, repairing, building and re- 
building the wharves belonging to the said 
corporation, in dredging and cleaning slips, 
shall be paid out of said moneys in the 
manner above provided, 

.Asses.sinent 1>oii<1k. 

Sec. 181. It shall be lawful for the con- 
troller, when authorized by the board of 
estimate and apportionment to issue assess- 
ment bonds, at not less than par, for such 
periods as said controller may determine, 
not exceeding ten years, and bearing inter- 
est at a rate not exceeding four per centum 
per annum, to provide the means necessary 
to pay all expenses incurred or to be incurred 
on account of regulating and paving streets, 
building sewers, and all other work ordered 
to be done by contract, by virtue of ordi- 
nances which may be hereafter passed by the 
[municipal assembly] board of aldermen of 
the City of New York, the expense whereof is 
to be collected by assessment from the prop- 
erty benefited by said work or works, or on 
account of any local improvement or other 
public work heretofore made or performed 
or that shall hereafter be made or per- 
formed under and by virtue of the au- 
thority of any law in all cases in which the 
said expense is to be paid in whole or in 
part by assessment upon the property bene- 
fited. No moneys shall be paid out of the 
proceeds of said bonds on account of any 
contract hereinbefore referred to, until a 
copy of said contract has been filed with the 
controller of said city by the president of a 
borough, the head of the department or 
board having such work in charge, and also 
a certificate in writing from the pres ident 
of a borough, head of such department or 
board, stating that a payment is due and 
the amount of such payment. On work con- 
tracted for subsequent to May seventh, 
eighteen hundred and seventy-two, or here- 
after contracted for, no interest shall be 
charged ob *,>e -uonthly or other intermediate 


payments to any contractor, and thirty per 
centum, and no more, shall be reserved from 
the amount or value of work specified and 
certified from time to time to the controller 
of said city, by the proper officer, to have 
been done by any contractor; and such re- 
served thirty per centum shall be paid to 
such contractor on or before the expiration 
of thirty days from the completion and ac- 
ceptance of the work. 

The fund heretofore created by the corpor- 
ation known as the mayor, aldermen and 
commonalty of the city of New York, known 
as the street improvement fund, shall be 
continued, and into such fund shall be paid 
the proceeds of the sale of assessment bonds 
as by this section authorized, and of such 
bonds as may by other provisions of taw be 
authorized to be issued for similar purposes 
within the territory of the city of New York, 
as hereby constituted, and for the payment 
of the expense of which the said city may 
in the first instance become liable, as w'ell 
as the cash balances of assessments already 
collected, or to be hereafter collected, on ac- 
count cf simiiar contracts duly entered into 
by the prouti authorities of the several mu- 
nicipal or public corporations, or parts there- 
of, which by this act are consolidated with 
the corporation known as the mayor, aider- 
men and commonalty of the city of New York. 

Proposnl.*) for bunds and stock here- 
after issued or piireliased. 

Sec. 1S2. Whenever any bonds or stocks 
shall be hereafter issued, other than rev- 

enue bonds, or such bonds and stocks as 
may be purchasea for investment by the com- 
missioners of the sinking fund, the controller 
shall invite proposals therefor by public ad- 
vertisement, for not less than ten days, and 
shall award the same to the highest 

bidder or bidders therefor; provided that 
no proposals for bonds or stocks shall 

be accepted for less than the par value 
of the same; and said proposals shall 
only be publicly opened by the control- 

ler, in the presence of the commissioners 
of the sinking fund, or such of them as shall 
attend. It shall be a condition of sale of 
such bonds and stock s, and the advertise- 
ment calling f or proposals therefor shall 
so declare , tha t every bidder may be re- 
quir ed to accept a portion of the whole 
amount thereof bid for by him at th^ani e 
rate or propor tional price as may be speci- 
fied in his bid; and any bid which confiicTs 
with this con dition sha ll be reject^ 

Every bidder, as a condition precedent 
to the reception or consideration of his 
proposal, shall deposit with the controller a 
certified check, drawn to the order of said 
controller upon one of the state or national 
banks of the said city, or a sum of money; 
such check or money to accompany the pro- 
posal to an amount to be fixed by the con- 
troller not exceeding two and one half per 
centum of the amount of the proposal. With- 
in three days after the decision as to 
who is or are the highest bidder or 
bidders, the controller shall return all 
deposits made to the persons making 
the same, except the deposit made by the 
highest bidder or bidders, and if the said 
highest bidder or bidders shall refuse or ne- 
glect, within five days after service of writ- 
ten notice of the award to him or them, to pay 
to the city chamberlain the amount of the 
stocks or bends awarded to him or them at 
their par value, together with the premium 
thereon, less the amount deposited hy him or 
them, the amount or amounts of deposit thus 
made shall be forfeited to and retained by- 
said city as liquidated damages for such ne- 
glect or refusal, and shall thereafter be paid 


into the sinking fund of the city of New 
York for the redemption of the city debt. 

Exi»eu«o!» of reKtorlng: street pave- 

iiieiitN; how met. 

Sec. 183. The moneys which the controller 
is authorized to pay pursuant to the provis- 
ions of section 525 of this act shall be ob- 
tained by him from time to time, as may bo 
necessary, by the sale of assessment bonds 
as provided by section 181 of this act. The 
iTioney collected pursuant to the provisions 
of said section [five hundred and twenty- 
five] three hundred and ninety-one shall be 
set apart, when collected, as a trust f\ind, 
and applied to the redemption of the princi- 
pal and interest of said bonds. 

Redemption of eerlain Itouds pnyaltle 

from eoilectioii of un.-iessmentH. 

Sec. 184. If at any time hereafter the 
amount in the treasury of the city derived 
from collections of assessments shall be in- 
sufficient to meet and pay, when they become 
due and payable, any bonds issued by the city 
oif New York, as hereby constituted, or any 
bonds heretofore issued by any of tbe munic- 
ipal or public corpora>vions or parts thereof 
hereby consolidated into the yity of New 
York, for expenditures incurred on p-j'blic 
improvements, payable in wtoole or in part 
from assessments, then it shall be lawful for 
the controller, when thereto authorized by 
[the municipal assembly and] the board of 
estimate and apportionment, to issue corporate 
stock of the city of New York for an amount 
sufficient to pay the bonds so falling due as 
aforesaid; or the controller may in his dis- 
cretion, for suefi purpose, issue assessment 
bonds in the manner provided by section JSl 
of this aot. 

Uefleienoies in oolleotioiis of arrears 

of assessments; liovv met. 

Sec. 185. The controller is hereby authorized 
to issue from time to time assessment bonds 
in the manner provided by section 181 of this 
act, to provide such amounts as may be re- 
quired to meet the deficiencies caused by de- 
lay in collecting arrears of assessments; the 
aggregate amount so issued not to exceed at 
any time -the aggregate amount of said ar- 
rears then outstanding. 

I)oiid.«i for »tnte taxes. 

Sec. 18G. For the purpose of enabling The 
City of New York to make payment of the 
quota of state taxes which may be impceed 
upon, and chargeable to, the said city and the 
counties vtholly comprised therein, [and the 
part of Queens county included in said city,] 
at the same time or times that other counties 
of this state are or may be required to make 
payment by law, the controller is hereby f.u- 
thcrized and required, unleeis the money for 
the payment of the same shall have been 
otherwise provided, to issue revenue bonds 
for such amounts as may from time to time 
become necessary to meet such quota of the 
state taxes, and from the proceeds thereof, 
to pay to the state treasurer the amount of 
UX6S which the controller of the state shall 
have apportioned according to law, and whidi 
may be required to be paid in pursuance of 
such apportionmen't to t'he state by the city 
of New York and said counties [and said 
part of Queens county,] at such times. 
Rfvenne bonds; sperial funds. 

Sec. 187. The controller is authorized to 
borrow, from time to time, on the credit of 
the corporation, in anticipation of its rev- 
enues, and not to exceed in amount the 
amount of such revenues, such sums as may 
be necessary to meet expenditures under the 
appropriations for each current year, inclad- 


THE CHARTER OF THE CITY OF NEW YORK 


23 


Ing such amounts as are to be raised by the 
city of New York under the provisions of sec- 
tion fifteen hundred and ninety-three hereof. 
Such amounts shall be obtained by the issue 
of revenue bonds, which shall be redeemed 
out of the proceeds of the tax levy in antici- 
pation of the collection of which such bonds 
were Issued. Whenever the comptroller may 
be authorized by the provisions of this act, 
or by laws heretofore or hereafter enacted, to 
issue revenue bonds for purposes other than 
to meet expenditures under the appropriations 
for each current year, such revenue bonds 
shall be redeemed out of the tax levy for the 
year next succeeding the year of their issue, 
and the necessary appropriation therefor 
shall be made by the [municipal assembly] 
board of al dermen and the board of esti- 
mate and apportionment in the budget for 
such year. Such last mentioned bonds may 
be designated and known as "Special rev- 
enue bonds.” Cash balances of special 
funds in the treasuries cr to the credit of the 
several municipal or public corporations or 
parts thereof, including the counties of Kings, 
Queens and Richmond, hereby consolidated 
with the mayor, aldermen and commonalty of 
the city of New York shall be transferred by 
tjie comptroller to like special funds of the 
city of New York, where such exist; and such 
special funds shall thereupon be liable for 
payments which would otherwise have been 
made out of the funds so transferred. 'Where 
no similar funds exist in the treasury or to 
the credit of thh city of New York, such spe- 
cial fund shall be, so far as practicable, ad- 
ministered in the same manner as they would 
have been administered, if this act had not 
been passed. Whenever, [within two years 
after the passage of this act,] it shall appear 
that the charges and liabilities of any such spe- 
cial fund exceed the available assets thereof, 
it shall be lawful for the board of estimate 
and apportionment, upon the written request 
of the comptroller, to authorizo the issue of 
revenue bonds or assessment bonds or cor- 
porate stock of the city of New York, for the 
purpose of supplying such deficiency. 

Special revenue bonds. 

Sec. 188. The controller is authorized to 
issue special revenue bonds to provide the 
means necessary to make payments tor the 
following purposes: 

1. The expenses necessarily incurred in 
condemning unsafe buildings as provided by 
section 511 of chapter 410 of the law's of 
1882. 

2. Amounts audited by the board of estimate 
and apportionment pursuant to section 231 
of this act. 

3. Such amounts as may be necessary to 
pay judgments recovered against the cor- 
poration; provided, however, that when such 
judgme nts shall have been recovered for 

county charges or liabilities of any of the 

counties, incl uded w ithin the terr ito rial li m- 
its^^f T he City of N e w York, separate ac- 
counts shall b e kept thereof. The corpora- 
tion counsel shall, in all such cases, advise 
the controller as to the a mount of such coun- 
ty liability and the county incurring the same, 
and it shall, thereupon , be the duty of the 
controller in makin g the certificate to the 
boar d of aldermen, required by section fl 02 
i^ihis act in respect to county charges, to 

include in the amounts chargeable against 

each of suc h counties the amounts of such 
judgments respectively pai d on account there - 
of during the preceding calen^ar year. It 

shTll a lso be the duty of the controller in 
estimating the revenues of th e general fund 


for the reduction of taxation as required by 
section 900 of this act. to include the amo unts 
which shall be respectively chargeable against 
each of such counties. 

4. The amount appr.ipriated in pursuance 
of section 23G of this act in those cases in 
which the appropriations are made after the 
final passage cf the annual appropriation 
and the certification to the [municipal as- 
sembly] board of aldermen of the amount to 
be raised. 

5. The amount necessary to defray the ex- 
pense of supplying water meters as author- 
ized by section 475 of this act. 

G. To provide for deficiencies in the fund 
for street and park openings as provided in 
section 17-1 of this act. 

7. To provide for the payment of claims, 
charges, expenses and appropriations which 
have been or may be [hereafter by law epe- 
cifically imposed upon] lawfully payable by 
The City of New York, as hereby constituted, 
and the several counties wholly included 
within its limits [by the legislature], and 
for which no other provision for payment 
has been made. Separate accounts shall be 
kept of the bonds issued and pa yme n ts made 
on account of county c harges and expenses 
and the controller shall simila rly certify the 
amoun ts thereof to be raised by tax in the 
respecti ve counties and to be included in 
the general fund tor the reduction of taxa- 
tion as provided by subdivisi on three of this 

section in the case of judgments. 

8. To provide for the payment of expenses 
authorized by the concurrent vote of all the 
members of the board of estimate and appor- 
tionment upon a [joint] resclution requesting 
such authorizaiton, adopted by the affirma- 
tive vete of three-fourths of all the members 
of the board of aldermen [elected to each 
branch of the niunl'cipal assembly]; provid- 
ed, however, that the amount thus issued 
shall not in any one year exceed [two hun- 
dred and fifty thousand] one million dollars. 

9. To meet and pay the expenses incurred 
pursuant to the provisions of sections 1,177 
and 1,178 of this act. 

TITIE 3. 

THE t H.\HnEKI,.4.IX. 

How appointed; bor.rt. 

Sec. 194. The chamberlain shall be ap- 
pointed in the same manner as heads of de- 
partments [and shall hold his office for four 
years, unless sooner removed, as herein pro- 
vided.] He shall, within tra days after 
receiving notice of his appointment and be- 
fore he enters upon his office, give a bond 
to the people of the state of New York in 
the sum of thrse hundred thousand dollars, 
with not less than four sufficient sureties, 
to be approved by the controller, conditioned 
that he will faithfully discharge the duties 
of his office and all trusts imposed on him 
by law in virtua of his office. Such bond 
shall be dee.med to extend to the faithful 
execution of the duties of the office until 
a new appointment shall be made and con- 
firmed, and the person so appointed enters 
upon the performance of his duties. In case 
of any official misconduct or default on the 
part of such chamberlain, or his subordinates, 
an action upon such bond may be begun 
and prosecuted to judgment by the attorney 
general, or by the city, which shall, after first 
paying therefrom the expenses of the liti- 
gation, cause the proceeds of such judgment 
to be distributed as shall be lawful and 
equitable among the persons and objects in- 
jured or defrauded by such official miscon- 
duct or default of said chamberlain, or any 
of his subordinates. 


rjutics. .VoconiilK of to be exainlucd by 

eoiiiiii iH.sionerN of accoau(.<«. 

Sec. 195. Said chamberlain shall exhibit t6 
the [municipal assembly] board of alder- 
men, at its first meeting in the month 
succeeding that in which he enters upon 
the execution of his office, an exact 
statement of the balance in the treasury 
to the credit of the city, with a summary 
of Che receipts and payments of the treasury 
during the preceding year, and since the last 
preceding report required Dy law. If more 
cnan a year snail have elapsed since suen re- 
port. fie shall receive all moneys wtiicn snail 
from time to time be paid into the treasury 
of the city; He shall deposit all moneys 
which shall come into his hand-s on account 
of the city on the day of the receipt thereof, 
or cn the business day next succeeding, in 
such banks and trust companies as shall 
have been designated as deposit banks in pur- 
suanco of the next section; but no amount 
shall be on deposit at any one time in any on* 
bank or trust company exceeding one-half ol 
the amount .of the capital and net surplus of 
such bank or trust company. The money so 
deposited sh.all be placed to the account of the 
chamberlain, and he shall keep a bank book, 
in which shall be entered his accounts of de- 
posit in, and moneys drawn from the hanks 
and trust companies in which the deposits 
shall be made. The said banks and trust com- 
panies shall, respectively, transmit to the 
controller a weekly statement of the moneys 
Mhich shall be- received and paid by them on 
account of the city treasury. The chamber- 
lain .‘hall pay all warrants drawn on the 
treasury by the controller and countersigned 
by the mayor, or the chief clerk of the may- 
or when empowered by the mayor in writing 
so to do, and no moneys shall be paid 
cut of the treasury except cn the warrant of 
the controller so countersigned. No such 
warrant shall be signed by the contrcller or 
cour.-tersigned by tha mayor, except upon 
vouchers for the expenditure of the amount 
named therein, examined and allowed by an 
auditor cf account-, approved by the control- 
ler and filed in the department of finance, ex- 
cept in the case of judgments, in which case 
a transcript thereof shall be filed, nor except 
such warrant shall be authorized by law or 
by ordinance, and shall refer to the law or or- 
dinance, and to the appropriation under and 
from which it is drav.-u. The chamber- 
lain shall not draw any moneys 

of the city treasury from said banks 
or trust companies unless by checks sub- 
joined and attached to such warrants and sub- 
scribed by him as chamheriain, and no moneys 
shall bo paid by either of the said banks or 
trust companies on account of the treasury ex- 
cept upon such checks; provided, however, 
that th is pr ovisio n shall not apply to transfer 
c hecks transferring tu nas from one city de- 
pository nnolhe.''. The chamberlain shall 
exhibit his bank bool: to the cc'ntroller on 
the first Tuesday of every month, and often- 
er when required. The accounts of the cham- 
berlain shall be annually closed on the last 
day of [November] December and shall be 
examined In the month of [December] Jan- 
uary in each year by the commissioners of 
accounts. Such commisisoners shall exam- 
ine the accounts and vouchers of all moneys 
received into and paid out of the city treas- 
ury during the year ending on the last day 
of [November] December next preceding 
such examination, and shall certify and re- 
port to the mayor and [municipal assembly] 
t oard of aldermen in the following month of 
[January] February the amount of moneys 
received into the treasury during such 
year, the amount of moneys paid out durian 


THE CFIARTER OF THE CITY OP NEW YORK, 


24 


the same period by virtue of v.*arrants drawn 
on the treasury by the controller, the amount 
of moneys received by the chamberlain, who 
shall be in office at the t^me of such examina- 
tion, if he eKered upon the execution of his 
duties since the last preceding report, the bal- 
ance in the treas'ury on the last day of [No- 
cembcr] December preceding such examina- 
tion, the amount of moneys borrowed for or 
on the credit of the city during such year and 
the amount of the bonds of the city issued 
during such year, with the purposes for 
which and authority under which such bonds 
were issued. Such commissioners shall also 
comparFThe wafrants”drawn by the control- 
ler on the treasury during the year ending on 
the last day of [November] D^'ember, pre- 
ceding such examination, with the several 
laws and ordinances under which the same 
shall purport to have been drawn, and shall 
In li,ke manner certify and report whether the 
controller had power to draw such warrants; 
and if any shall be found which, in their 
opinion, he had no power to draw, they shall 
specify the same in their report, with their 
reasons for such opinion. 

Public moiicy.s; wliere to be deposited. 

Salary ol* cbamberlaiu. 

Sec. 196. The said * chamberlain and 
mayor and controller shall, by a ma- 
jority vote, by written notice to ■ the 
controller, designate the banks or trust 
companies in which all moneys of The 
City of New York shall be deposited, and may, 
by like notice in writing, from time to time, 
change the banks and trust companies thus 
designated; but no such bank or trust com- 
pany shall be designated unless its officers 
shall agree to pay into the city treasury in- 
terest on the daily balances at a rate to be 
fixed by the mayor and chamberlain and the 
said controller of The City of New York, by a 
majority vote, which rate shall be so fixed 
quarterly, on the first days of February, May, 
August and November in each year, according 
to the current rate of interest upon like bal- 
ances deposited in banks and trust companies 
in The City of New York by private persons 
and corporations. The said chamberlain 
shall keep books showing the receipts of 
moneys from all sources, and designating the 
sources of the same, and also showing the 
amounts paid from time to time on account 
of the several appropriations, and no war- 
rants shall be paid on account of any appro- 
priation after the amount authorized to be 
raised for that specific purpose shall have 
been expended. The said chamberlaiit shall 
once in each tveek report in writing to the 
mayor and to the controller all moneys re- 
ceived by him, the amount of all warrants paid 
by him since his last report, and the amount 
remaining to the credit of the city. The 
chamberlain shall receive the sum of $12,000 
annually, and no more, for his services as 
chamberlain of said city, and as county treas- 
urer of the county of New York, in lieu of all 
salary and of all interest, fees, commissions 
and emoluments; and all such interest, fees, 
commissions and emoluments shall be ac- 
counted for and paid over by him to the city 
treasury, except that the commissions or com- 
pensation provided by law, and received by 
him for receiving and paying over the state 
taxes and all interest which accrue on de- 
posits shall be paid by him to the commis- 
sioners of the sinking fund. He may appoint 
and remove at pleasure, deputy chamberlains, 
and such clerks and assistants as may be 
necessary, whose salaries, together w’ith all 
the expenses of his office, shall be paid by 
The City of New York when fixed by [him 
aud approved by the municipal assembly 


I 

and] the b oard of alderm en on the recom- 
mendation of the board of estimate and ap- 
l-ortionmcnt. 

Certain sections of code of civil pro- 
cedure reKpeetinjs: moitey» paid into 

court, applicable. 

Sec. 197. Each provision of title three of 
chapter eight of the code of civil procedure, 
relating to a county treasurer, applies to the 
chamberlain, with respect to money paid into 
court, in an action triable in The City of New 
York, as hereby constituted, or with re- 
spect to money, or a bond, mortgage, 
or other security, or public stock, rep- 
resenting money paid into court, except 
where special provision, with respect to the 
same, is otherwise made by law, and the 
chamberla in shall perform all the diitie^ 
presc ribed by said provision of law in the 
cou nties o f New Y ork, Kings, Queens and 
Richm ond. 

Fcc.m. 

Sec. 198. The chamberlain is entitled, for 
the ser\Mces specified in this section, to col- 
lect for, and on behalf of the city the fol- 
lowing fees: For receiving money paid into 
the court, one-half of one per centum upon 
the sum so received. For paying out the same, 
one-half of one per centum upon the sum so 
paid out. For investing money, pursuant to 
the direction cf the court, one-half of one 
per centum upon the sum invested, not ex- 
ceed.ing tw'o hundred dollars, and one-quarter 
of one per centum upon the excess over two 
hundred dollars. For receiving the interest 
upon an investment, and paying the same to 
; the person entitled thereto, one-half of one 
per centum upon the interest so received and 
paid. All of said fees w'hen collected by 
said chamberlain shall be paid by him into the 
city treasury as provided in section 196 of this 
act, 

TITLE 4. 

THE SINKING FIND. 

Commi.ssioner.s of the fund; 

liow eonNtlfuted. 

Sec. 204, There shall be a board of com- 
misioners of the sinking fund, composed 
of the mayor, controller, chamberlain, 
president of the [council,] board of alder- 
^^6n and chairman of the finance com- 
mittee of the board of aldermen, with all the 
powers and duties now’’ assigned, designated 
and reposed by law or ordinance in the cora- 
m.issioners of the sinking fund of the city 
of New* York, as heretofore constituted, of 
the city of Brooklyn and of Long Island City, 
or the officers intrusted with similar pow’ers 
and duties in any of the municipal or public 
corporations or parts thereof including the 
counties of Kings and Richmond, hereby con- 
solidated with the mayor, aldermen and com- 
monalty of the city of New York, except at 1 
otherwise provided by this act. The said 
board shall administer each of the said sev- 
eral sinking funds, and perform, carry out 
and exercise the several trusts, powers, obliga- 
tions and duties relating thereto, in the same 
manner as the same W'onld have been admin- 
istered, performed, carried out and exercised 
if this act had not been passed, except as 
otherwise provided in this act. 

The assets and accounts of each of said 
sinking funds shall, except as hereinafter 
otherwise provided, be kept separate and dis- 
tinct, and the same shall in all respects be ad- 
ministered as independent trusts, subject to 
and governed by the several provisions of law 
or ordinance heretofore relating thereto, with 
the intent and purpose of preserving inviolate 
the rights of holders of bonds and stocks 


heretofore issued by any of the municipal and 
public corporations or parts thereof hereby 
made of the city of New York, including the 
counties of Kings and Richmond. 

Powers. ' 

Sec. 205. The said board shall, except as in 
this act otherwise specifically provided, have 
power to sell or lease for the highest market- 
able price or rental at public auction or by 
sealed bids, and always after public adver- 
tisement [and appraisal] f or a pe riod of at 
least fifteen days in the City Record, and 
afte r appraisal under the direction of said 
board made within three months of the date 
of sa le, any city property except parks, 
wharves and piers and land under water, but 
[not] no such lease shall run for a 
term longer than ten years nor a renewal 
for a longer period than ten years. [But 
if said property be market property ex- 
cepting the market between Sixteenth and 
Seventeenth streets, east of Avenue C; the 
market in Gouverneur slip and the market 
in Old slip, it, shall not be sold or leased 
unless under a condition that the purchaser 
or lessee thereof shall maintain said market 
property as and for the purposes of a public 
market for at least ten years from and after 
such sale or lease, and under due ordinances 
of the municipal assembly of the department 
of health or tinder stipulations in the deed of 
sale or lease, unless otherwise ordered by 
the commissioners of the sinking fund and 
the municipal assembly.] If such property 
be marke t pro perty it shall be sold only pur- 
suan t to a resoluti on adopted by an unani- 
mous vote of the commissioners of the siuk- 
i ng fund, concurred in by the board of 

aldermen . T he c ommissioners of the sinlc^ 

ing fund shall have power to assign to u se 
for any public purposes any city property^ 
for whatsoever pur p ose origina 1 1 y~acq vTi r edC 
which may be found by the departmeut^hav- 
i ng c ontrol thereof to be no longer required 
fo r such purpo se. The pro^d^of^sairrsale 
or leasing shall on receipt thereof, after pay- 
ing necessary charges, be immediately paid 
to the credit of the sinking fund [of The 
City of New York] for the redemption of the 
city debt. Sa id commissio ners* of the sink- 
ing fund shall have power , by unanimous 
vote, to settle an d adjust by mutual con- 
veyances or o th erwise, and u pon such terms 
and conditi ons as may seem to the m properT 
disputes existing between ihe city and private 
owners of property, in respect to bound^ iw 

lines, and to release such interests o f the 

city in real esta te as the corporation counsel 

shall certify hi wr iti ng to be mere clouds 
upon titles of private owners, in such man- 
ner and upon s uch term s and conditions as 
in their judgment s hall seem proper. ~ 

The provisions of existing laws or ordi- 
nances relative to the investment of moneys 
and assets of the several sinking funds hereby 
made subject to the control of the commis- 
sioners of the sinking fund, as hereby con- 
stituted, in bonds, stocks or obligations of 
the municipal or public corporations or parts 
thereof hereby consolidated into the city of 
New York, including the counties of Kings 
and Richmond, shall hereafter apply to in- 
vestment thereof in the bonds and stock of 
the corporatioii of the city of New York, 
issued cn and after January 1. 1898, pro- 
vided, however, that such bonds or stocks 
shall not thereupon or thereafter be canceled, 
except as herein otherwise specifically pro- 
vided, hut the same shall upon their ma- 
turity be paid off, liquidated or discharged 


THE CHARTER OF THE CITY OF NEW YORK. 


25 


In the same manner as they would be if held 
by private creditors. 

It shall be lawful for the commissioners 
of the sinking fund in their discretion, and 
they are hereby empowered in such discre- 
tion, to cancel from time to time, but not 
before maturity, bonds and stocks of any of 
the municipal and public corporations or 
parts thereof forming part of the corporation 
of the city of New York, as hereby consti- 
tuted, and of the counties of • Kings and 
Richmond, which may be held by any of said 
sinking funds o-n December 31, 1897, pro- 
viding said bonds and stocks are by law 
redeemable from the sinking funds in which 
the same are held. It shall also be lawful 
for the commissioners of the sinking fund 
in their discretion, and they are hereby cm- 
]>owered in such discretio^i, to cancel from 
time to time, but not before maturity, any 
portion of the indebtedness of the city of 
New York, as hereby constituted, incurred 
on or after January 1, 1898, which may be 
lield by them in the '‘Sinking fund of the 
city of Xew York,** as hereinafter consti- 
tuted. and which may by law bo redeemable 
from said sinking fund as herein or else- 
^Yhe^e provided, and all such similar indebt- 
edness incurred to provide for the supply of 
water, which may be held by them and re- 
deemable from “The water sinking fund of 
the city of New York” as hereinafter con- 
stituted. 

The funds to be known as the “sinking fund 
of the city of New York” and the “water sink- 
ing fund of the city of New York,” as herein- 
after constituted, .shall be administered by the 
commissioner.s of the sinking fund, in like 
manner as provided by the ordinance of the 
mayor, aldermen and commonalty of the city 
of New York, approved by the niaycr, Feb- 
ruary 22, 1841. so far as the same may be 
applicable: provided, however, that nothing 
ccutained in said crdinanco shall affect or 
alter the composition of the board of com- 
missioner.s of the sinking fund, as by this act 
i onstiiutsd. The commissioners of the sink- 
ing fund may by re solution assign t he places 
where the several municipal courts shall be 
held within their respective districts and 
may assign such place in said city as may 
to it seem most conducive to the public con- 
venience, for the holding of the courts of 
general and special sessions, and upon the 
application of the board of city magistrates, 
may designate additional places for the 
holding of magistratts’ or police courts and 
jail delivery to be held in and for the city; 
notice of any change of the places of holding 
such courts shall, before the same takes ef- 


fect. be published in the City^Record and 
the corporation newspapers, for a per iod of 
not less than two weeks. Said publication 
shall be made under the direction of the 
controller. The commissioners of the sink- 
ing fund may by resolution designate from 
lime to lime any building or buildings with- 
in the city lo be the common jails of said city 
^ of any of the coiinjjes contamed within 
its territorial limi ts for all the purposes for 
which common jails may by law be used, 
and such building or build^ings so designated 
siiaU be such c omm on jails until clmn^d 
by a like resolution of the commissio ners 
of the sinking_fu nd. The sinking fund com- 
lulssi^ers^f The City of New York shall 
not have the power in any event to compro- 
raisT or release any existing liability or ob- 
Hgationjt^ The_Cit^f^^;^w^]Yo 
niay^r. aldermen and commonalty of The 


City of New York, or to any of the munici- 
pulities nr parts o f municipalities consoli- 
dated with the form er city of New York, 
under the provisions of chapter six hundred 
and forty-tw'o of the laws of eighteen hun- 
dred and eighty-six or under chapter four 
hundred and thirty-four of the laws of eigh- 
teen hundred and ninety-three; but such lia- 
bilities and obligations shall be and remain 
inviolable. 

The slnUiiiK* fuinl of the city of 

York. 

Sec. 20C. There shall be created a fund to 
be known as the “sinking fund of the city of 
New York,” which shall have for its purpoa^s 
the liquidation of the principal of the debt of 
the corporation of the city of New York in- 
curred on rw' after January 1, 1898, as to which 
no provision for the payment thereof other- 
wise than from taxation is made, and e.x- 
cepting revenue bonds and bonds issued to 
provide for the supply of watei* [pursuant to 
the provisions of section 10 of article VIII, of 
the constitution of the state of New York.] 
For the redemption of such debt out of said 
sinking fund there shall be annually included 
in the budget and paid into the sinking fund 
of the city of New York herein created, an 
amount to be estimated and certified by the 
controller, and to be by ihe [municipal as- 
sembly] board of aldermen and the board of 
estimate and apportionmem inserted in the 
budget for each year, which with the accu- 
mulations of interest thereon shall be suffi- 
cient to meet and discharge such bonds or 
stocks by the time the same shall be paya- 
ble; provided, however, that there shall be 
deducted from said amount, the amounts an- 
nually received from the operation of any 
raid] transii railroad or roi lroads for the 
construction of which bonds shall have been 
issued pursuant to the provisions of the 
rapid transit act aoolioable to Tha (^itv of 
New York or any municipal corporation or 
territory embraced therein. Whenever the 
bonds and stocks outsianding on December 
31, 1897. and being charges or liens 

: on any of the sinking funds hereby made 
I subject to the control of the commissioners 
! cf the sinking fund, shall in respect to any 
such sinking fund be wholly dischargetj, 
liquidated or canceled, it shall thereupon be 
lawful for the commissioners of the sinking 
fund to cancel such bonds of the corporation 
of the city of New York issued on or after 
January 1, 1898, as may be held by such sink- 
ing fund, and the revenues cf such sinking 
fund when thus relieved of such Hens or 
charges shall thereupon and thereafter be paid 
into the sinking fund of the city of New York, 
as herein created. Whenever such payments 
shall be made, the controller iu making the 
certificate to the board of estimate and ap- 
portionment by this section required shall 
take into account the ameunt thereof, and dc- 
duct the same from the estimated amount to 
be included in each year's budge: as herein 
provided. 

Sinking fiind.H for redemption |»ui*po.seK 

to be eontin>ie«l. 

Sec. 207. The fund known as “the sinking 
fund of The City of New York for the redemp- 
tion of the city debt,” and the fund known as 
“the sinking fund of the cUy of Brooklyn.” 
and the like funds of each and every of the 
municipal or public corporations or parts 
thereof by this act consolidated with the 
corporation known as “the mayor, aldermen 
and commonalty of the city of New York,” 
including the counties of Kings and Rich- 
mond, shaVl be continued and the funds, 


moneys, revenues and assets heretofore 
pledged and appropriated to each of said 
funds shall continue to be and the same are 
hereby pledged and appropriated thereto 
severally and respectively iu the same 
manner as though this act had not 
been passed, until such time as the 
bonds, stocks and obligations outstanding 
on December 31, 1897, and redeemable there- 
from. shall have been respectively canceled 
liquidated, discharged and redeemed. 

Wherever, by existing laws or ordinances, 
the duty is Imposed upon boards or officers of 
the several municipal or public corporations 
or parts thereof hereby consolidated with the 
mayor, aldermen and commonalty of the city 
of New York, including the counties of Kings 
and Richmond, to raise by taxation, annually 
or otherwise, amounts of money for sinking 
fund purposes, or for the redemption of or 
payment of interest on bonded Indebtedness, 
for which The City of New* York [are] jis 
hereby constituted, is by this act made liable, 
it shall be the duly of the proper officers of 
the said. The City of New York, in like man- 
ner to raise such amounts by taxation upon 
the estates, real and personal, subject to tax- 
ation iu said city. 

SinUiiiift' fuiidM created pursuant to con- 

Mtitutional retiuirciuouts: water sinU- 

ing* tun<i of the city of New York. 

Sec. 208. There shall be created a fund to be 
known as the “water sinking fund of the city 
of New York,” which shall have for its purpose 
the liquidation of the principal of the debt 
incurred by The City of New York, as hereby 
incurred by the city of New York, as hereby 
constituted, on or after January 1, 1898, for 
the supply of water [as provided by section 
ten of article eight of the constitution of the 
Slate of N:w^ York]. The funds known as 
the “sinking fund number ttvo of The City 
of Now York,” the “\V;Uer sinking fund of 
the City of Brooklyn,” and the sinking funds 
of each and every municipal and public cor- 
poration or part thereof hereby made part of 
the corporation of The City of New York, in- 
cluding the counties of Kings and Rich- 
mond, created pursuant to the require- 
ments of the constitutional amendment 
adopted November 4, 1884. or of section 10 of 
article VIII of the constitution of the state 
of New York, shall be continued, and the 
funds, moneys, revenues and assets heretofore 
pledged and appropriated to each of said 
funds shall, except as herein otherwise spe- 
cifically provided, continue to be severally and 
respectively so pledged and appropriated. 
It shall, however, be the duty of the controller 
of the city of New York, as soon as practic- 
able after the passage of this act, to cans# 
an examination to be made as to the condition 
of said funds, and if i: appears to him, and be 
shall so certify to the commissioners cf the 
sinking fund, that said funds or any of them 
have [not] been managed, invested and ad- 
ministered in the manner required by the 
picvisions of the constitution of the State of 
New' York as aforesaid, it shall be lawful for 
the said commissioners of the sinking fund, 
by concurrent vote, to authorize and direct 
the amalgamation of said fund or funds with 
the water sinking fund of The City of New 
York, as hereby constituted. 

SiiikiniA fiiiiilM for the iinyiiient 4»f Iu- 

teresi. 

Sec. 209. The fund known as the sinking 
fund of the city of New' York for the pay- 
ment of the interest accruing and to accru® 
upon the stocks of said city until the same 
be fully and finally redeemed ' shall be con- 
tinued, and after providing for the interest 
on the bonds and stocks now* payable there- 
from as provided by law*, shall form a fUJliA 


THE CHARTER OP THE CITY OF NEW YORK. 


which shall be transferred to the sinking 
fund of the city cf New York for the re- 
demption of the city debt; provided, how- 
ever. that nothing herein contained shall au- 
thorize the payment from said iund of any 
Interest which may accrue cn bonds to be is- 
sued by the corporation cf the city of New 
York, as hereby constituted, after January 
first, eighteen hundred and ninety-eight. 
Like funds in any of the municipal or 
public corporations or parts thereof which by 
this act are made part of the corporation ci 
the city cf New York, as hereby constituted, 
including the counties cf Kings and Rich- 
mond. shall likewise be continued, and any 
surplus that may remain therein after fully 
satisfying all claims, liens or charges that 
may exist against such funds pursuant to 
law or ordinance shall, unless otherwise pro- 
vided by law, be transferred to the sinking 
fund of the city of New York, as herein con- 
stituted. 

UlHpoxitioii of certain moneys received 

for local tinprovenients. 

Sec. 210. .\11 moneys now in the treasury 
of the corporation known as the mayor, al- 
dermen and commonalty of the city of New 
York heretofore collected and received in 
payment or on account of assessments made 
and confirmed for local improvements in said 
city, and all moneys which shall hereafter ha 
collected and received in payment or on ac- 
count of assessments made and confirmed, 
or which may be made and confirmed, for 
local improvements in said city completed 
prior to June third, eighteen hundred and 
seventy-eight, shall be paid into the sinking 
fund for the redemption of the city debt, and 
the same is hereby, in addition to the revenues 
and moneys aforesaid, pledged and appropri- 
ated to said sinking fund for the payment 
of the bonds and stocks of said city, to be 
paid and redeemed therefrom as herein pro- 
vided. 

Fniidx and rev-ennos pleilged to re- 
demption of city debt. 

Sec. 211. Between the city and its creditors, 
holders of its bonds and stocks as aforesaid, 
including the bonds and stocks of the munici- 
pal or public corporations or parts thereof 
consolidated with the corporation known as 
the mayor, aldermen and commonalty of the 
city of New York, as well as those of the 
latter corporation and of the counties of 
Kings and Richmond, there shall be and there 
is hereby declared to be a contract that the 
funds and revenues of the city, including all 
the corporations last stated and said counties 
of Kings and Richmond, and the funds to be 
collected from assessments pursuant to any 
law by this chapter pledged to the sinking 
fund for the redemption of the city debt, 
shall be accumulated and applied only to the 
purposes of the said several sinking funds 
as prescribed by law, until all of said debt 
redeemable therefrom is fully redeemed and 
paid, as herein provided. 

Sinking- fand for tlie redemption of 

the eity debt not to be alienated or 

Impa ired. 

Sec. 212. Nothing in this chapter contained 
shall be held to require or authorize the 
commissioners of the sinking fund to use or 
apply any part or portion of the accumulations 
in said sinking fund for the redemption of the 
city debt, or the revenues of said fund in any 
manner whatever, whereby the security of 
said fund for the payment of the bonds and 
stocks of the corporation known as the mayor, 
aldermen and commonalty of the city of New 
York, for which said fund is now pledged 
by law, and which are a charge on said fund, 
aUiall be alienated or impaired, and the said 


bonds and stocks so secured by law are here- 
by declared to constitute a preferred charge 
on said sinking fund until the same are fully 
and finally paid and redeemed. 


of insurance as shal l be authorized by the 
board of estimate and apportionment to be 
applied to repai r, replace or reconstruct any 
public property injured or destroyed and cov- 


Commissioaoi-s iiiny- onll in bonded 
flcbt. CoiiHolidutcd stock of tlie city 
of Xew Ver!^; lien of, on sinUiui; fnnd 
for the redemption of tlie city debt. 


ered by such insurance. 

Apiilioations for lea.ses for public pnr- 
poses. Statement by controller. 


Sec. 213. The commissioners of the sinking 
fund are hereby authorized and empowered 
to call in, pay, and redeem any portion of 
the bonded debt constituting a charge upon the 
treasury of the city of New York, as constitut- 
ed by this act, other than revenue bonds, 
issued in anticipation of the collection of 
taxes, when they may deem it to be ad- 
vantageous for the interest of the city so to 
do, and for this purpose the said commission- 
ers of the sinking fund are hereby empowered 
tto authorize, J by a concurrent vote, and sub- 

Ject to the approval of t he board of estimate 
and apponionment, Jo authorize and direct 
the controller to issue and sell or exchange 
therefor at not less than par, corporate stock 
of said city, in the manner herein provided; 
and upon the payment and redemption of 
any portion of said bonded debt, the certi- 
ficates thereof shall be canceled by said 
commissioners of the sinkin g fund. The 
“consolidated stock” of the mayor, alder- 
men and commonalty of The City of New 
York, Issued pursuant to the provisions of 
section 176 of chapter 410 cf the laws of 
1882, after fully providing for the preferred 
bonds and stocks of said city, as in the preced- 
ing section specified, shall form a charge upon 
the said “sinking fund for the redemption of 
the city debt,” and any part of the bonded 
debt of said corporation falling due and not ex- 
changed for or redeemed from the proceeds 
of said consolidated stock as in said section 
provided, may be paid from said sinking fund 
for the redemption of the said eity debt, pro- 
vided such payment shall not in any way 
impair the preferred claims thereon as in the 
preceding section specified, and provided also, 
the commissioners of the sinking fund shall 
deem it to be for the best interests of the 
city that such payment shail be so made. 

Preferred bonds and stoeks to be paid 

from the sinking- fnnd for tlie re- 
demption of the eity debt. 

j Sec. 214. From the said sinking fund for the 
redemption of the city debt shall be paid and 
redeemed ail preferred bonds and stocks cf 
the mayor, aldermen and commonalty of the 
city of New York, as by this title authorized. 

Oisiiositioii of^eertaiii assessments for 

loeal improvements. 

Sec. 215. The assessments made for local 
improvements prior to the ninth day of June, 
eighteen hundred and eighty, by the corpora- 
tion known as the mayor, aldermen and com- 
monalty of the city of New York, including 
assessments for improvements contracted for 
cr authorized by said corp:rati;u, prior to 
said date, shail, when collected, be paid over 
to the commissioners of the sinking fund, 
and applied by them in accordance with law. 

Alteration of rates proliibited. 

Sec. 216. It shall no-t be lawful for the city 
of New York to make or cause to be made, 
any alteration of rates or charges affecting 
any item or source of the revenues of any 
of the sinking funds of said city, or of the 
general fund which may tend to a diminution 
of the receipts from such source of revenue, 
or either of them, and all the revenues of 
said corporation not by law otherwise spe- 
cifically appropriated, shall, when received 
into the city treasury, be credited to the gen- 
eral fund; except such proceeds of policies 


Sec. 217. All applications to lease any real 
estate for the purposes of The City of New 
York, or any of the counties contained with- 
j in its territorial limits, including the prem- 
ises required in accordance with law, 
! for armories and drill rooms and places 
j of deposit for the safe keeping of arms, 
! uniforms, equipments, accoutrements and 
I camp equipage of the national guard, 
j must be presented to and passed upon 
r by the commissioners of the sinking 
I fund of said city. It shall be the duty 
of the controller, after due inquiry, to 
be made by him, to present to the said com- 
missioners a statement, in writing, of the 
facts relating to any real estate proposed to 
be leased, the purposes for which such lease 
is required by the city, with his opinion, and 
the reasons therefor, as to the fair and reason- 
able rent of said premises. The ■ said com- 
missioners upon such report, and upon such 
further inquiry as they, in their discretion, 
may make, may authorize a lease of such 
premises as shall be specified in their res- 
olution, at the rent therein set forth, for a 
period not exceeding five years, except that a 
lease for an entire building intended to 
provide accommodations for more than one 
department of the city, may be made for a 
period not to exceed twenty-one years, but 
such lease shall not be authorized except at 
a fair and reasonable rent, and unless the 
commissioners are satisfied, and shall so ex- 
press, that it would be for the interests 
of the city that a lease of the premises for 
the purposes specified should be made. With- 
out the consent cf the said commissioners, 
the premises leased shall not be used dur- 
ing the period of the lease for purposes 
ether thau specified in said resolution. It 
j the city shall, prior to the making of <he 
j lease, have entered upen the possession of 
I the property the lease may be made to com- 
mence as of the date when the occupation 
commenced. 

Cession of certain lands to federal 
goveriinient to improve Ilnrleiu ri»ep 

Sec. 218. The commissioners of the sinking 
fund, or the [municipal assembly J board of 
aldermen , are authorized to cede, grant and 
convey to the United States, upon such 
terms, and for such consideration as may 
be agreed upon by and between said com- 
missioners of the sinking fund, or said [mu- 
nicipal assembly] board of aldermen and 
the United States, ail th^ estate, right, 
title and interest of The City of New 
York in and to any part of the land 
required for the channel to connect the 
waters of the Harlem river with the Hudson 
river, in accordance with the plans for the im- 
provement of the Harlem river, prepared un- 
der the direction of the secretary of war. 
Whenever any part of said land shall have 
been ceded by said commissioner of the sink- 
ing fund, or said [municipal assembly] board 
of aldermen, pursuant to the authority hereby 
given, it shall be the duty of said com- 
in'tsioners of the oinkicg fund or a majority 
of them, to give a certificate under their 
hands, that the same has been ceded, pur- 
suant to the provisions of this section, and 
upon the production of such certificate and 
upon proof of due compliance, on the part 


THE CHARTER OF THE CITY OF NEW Y'ORK. 


27 


of the United States, with the terms of ces- 
sion. it shall be the duly of the mayor 
and the city cleric, in the name and 
on behalf of the city cf New York, to execute 
a proper conveyance of such lands under :helr 
hands and the seal of said city. 

Uortain dutiOK of comiiii5<MionorM rela- 
tive to docUn, i>ier.s« ete. 

Sec. 219. The commissioners of the sinking 
fund shall perform the duties and possess the 
powers with reference to docks, piers and 
slips, stated in chapter XVI of this act. 

Sale of i>uhli<> lan<ls at aaetioii. 

See. 220. The commissioners of the sinking 
fund arc authorized upon the application cf 
the beard of education duly authorized and 
certified, to sell at public auction at such 
time3 and cn such terms as they may deem 
most advantageous for the public interest, 
any land cr lands and the buildings thereon, 
owned by the city of New York, occupied or 
resert^ed for school purposes, and no longer 
required therefor, provided, however, that no 
property shall be disposed of fer a less sum 
than the same may be appraised by the 
commissioners of the sinking fund, or a ma- 
jority of them, at a meeting to bo held and 
on an appraisement made wKhin two months 
prirr to the date of the sale; and at least 
thirty days' notice of .such sale, including a 
description of tho property to be sold, shall 
be published in the City Rcccrd. The money 
received In payment fer the said lands and 
buildings shall be paid into the sinking fund 
for the rcdcmnticn cf the city debt, if the 
property thus sold was acquired prior to Jan- 
uary 1, 1898; ana if acquired subsequent 
thereto, into the sinking fund cf the city of 
New York. 

SnloK of Interest In tax «alc eer- 

:ii*( 2 uire<] by eUy of 

lirooKlyii. ete. 

Sec. 221. The commissioners of the sinking 
fund are authorized, upon the written appli- 
cation of the controller of The City of New 
York, to sell at public auction at such times 
and on such terms as they may deem most 
advantageous for the public interest, but after 
due appraisement, all the city’s right, title 
and interest in certain tax sale certilicates of 


sessments and arrears in th e borough of 
Brooklyn, a nd a memorandum thereof entered 
cn the recor d of sales, and a minute of such 
entry indorsed on such assignment, and every 
such as signment shall hav e priority accord- 
ing to the date such entry and minute are 
made and indorsed. The proceeds of said 
sale shall, on receipt thereof, after paying 
necessary charges, be immediately paid into 
the city treasury to the credit of the general 
fund. 


TITLE 5. 

APPROPKI.VTIO\S A.NUTHK ROAUDOF 
I3ST1MATK AM) APPOKTIONMEM’. 


Ilo%v conKl ituteii ; 
bii 


tliities; the annual 


lands and premises purchased by the former 
city of Brooklyn at sales fer arrears of taxes 
held under and pursuant to an act entitled 
"An act concerning the settlement and col- 
lect ion of arrearages of u npaid taxes, as- 
sessments and water rates of tho city ^f 
Brooklyn, and imposing and levying a tax, 
assessment and lien in lieu and instead of 
such arrearages and to enforce the payment 
thereof," passed March sixteenth, eighteen 
hundred and eighty-three, and the several 
acta amendatory thereof. Notice of such 
sale shall be published in the City Record 
for at least thirty days prior to t he d ate of 
sale, and said notic e sha ll designate the num- 
ber of the certificate, the ward in which said 
lands are situated, the block and lot number 
by which the sam e are designated or known 
on the assessment map of such ward. Up- 
on the payment of the amount bid at such 
rale the commissioners of th e sin kin g fun d 
shall authorize the cont roller to execute an 
assignment of said cerdheate. but no as- 
sigument of any certi ficat e give n under the 
provisions of ibia sectio n sh all b ecome opera- 
tive or have any effe ct until the sa me shall 
have been presented bj^ the purchaser or hj^ 
leprosentative to the deputy collector of as- 


Sec. 226. The mayor, controller, [corpora- 
tion counsel.] president of the [council, and 
the president of the department of taxes and 
assessments] board of aldermen, and the 
presi dent of the boroughs of Manhattan, 
Brooklyn. T he Bronx. Queens and Richmond 
shall constitute the board of estimate and 
apportionment. Ex.cept as otherwise spe- 
Cifically provide d, every act of the board of 
estimate and apportionment shall ne by TlS- 
olution adop ted by a malority of the whole 
number of votes authorized by this section 
to be cast 'oy said board. The mayor, con- 
troller and the president o f the board of 
aldermen shall each be entitled to cast three 
votes; the presidents of the boroughs of 
Manhattan and Brooklyn shall each be en- 
titled to cast two votes; and the presidents 
of the boroughs of The Bronx. Queens and 
Richmond sh all each be entitled to cast one 
vote. A quorum of said board s hall consist 
of a sufficieDt number of the votes t hereof 
to cast nine votes, of whom at least two | 

o l the members hereby author ized to cast 
three votes each shall be present. No reso- 
lution or amendment of any resolution shall 
be passed at the same meeting at which it is 
originally presented tmless twelve votes 
shall be east for its adontion. The first 
meeting of said board in every year shall be 
called by notice from the mayor, personally 
served upon the members of said board. 
Subsequent meetings shall be called as the 
said board shall direct. [At] and at such 
meetings the mayor shall preside, [and one 
of the members shall act as secretary.] The 
said board shall annually, between the first 
day of October and the first day of November 
] meet, and [by the affirmative vote of all 
the members] make a budget of the amounts' 
estimated to be required to pay the expenses 
of conducting the public business of The 
City of New York, as constituted by this act 
and of the counties of New York. Kings, 
Queens and Richmond for the then next en- 
suing year. Such budget shall be prepared 
in such detail as to the titles of appropria- 
tions, the terms and conditions, not incon- 
sistent \vlth_Jmvv^^_imderwhichtlie 
be expended, the aggregate sura and the 
j items thereof allowed to each departm^^nt. 

I bureau, office, board or commission as the 
said board of estimate and apportionment 
j shall deem advisable. In order to enable 
I said board to make such budget, the presi- 
1 dents of the several boroughs, the heads of 
I departments, bureaus, offices, boards and 
I commissions shall, [at least ihiriy days be- 
fore the said budget is hereby required to 
i be made.] not later than September tenth, 

I send to the board of estimate and appor- 
’ tioument an estimate in writing, herein 


called a departmental estimate, of the 
amount of expenditure, specifying in detail 
the objects thereof, required in their re- 
spective departments, bureaus, offices, 
boards, and commissions, including a state- 
ment of each of the salaries of their officers, 
clerks, employes and subordinates. Dupli- 
cates of these departmental estimates and 
statements shall be sent at the same time 
to the [municipal assembly] board of alder- 
men. Before finally determining upon the 
budget the board of estimate and apportiou- 
ment shall fix such sufficient time or times 
a.s may be necessary to allow the taxpayers 
of said city to be heard in regard thereto, 
and the said board shall attend at the time 
or times so appointed for such hearing. 
After such budget is made by the board of 
estimate and apportionment, it shall be 
[signed by all the members thereof, and] 
submitted by said board within [ten] five 
days to the [municipal assembly] jmard of 
aldermen, whereupon a special [joint] 
meeting of the [two houses constituting the 
municipal assembly] board of aldermen 
shall be called by the may^/r to consider such 
budget, and the same shall simultaneously 
bo published in the City Record. [The 
' president of the council snail preside at such 
joint meeting, and it shall be the duty of 
said two houses to consider and investigate 
carefuly tho said budget; but such considera- 
tion and investigation shall not continue 
beyond fifteen days.] The consideration of 
such budget by the board of aldermen shall 
continue from day to day until final action 
is taken thereon but such consi deration shall 
not continue beyond twenty days, and in the 
event of said municipal assembly taking no 
action thereon within such period cf time 
the said budget shall be deemed to be finally 


adopted as submitted by the board of esti- 
mate and apportionment. The [municipal 
assembly] board of aldermen [by a raajoiity 
vote by all the members elected thereto] 
may reduce the said several amounts fixed 
by the board of estimate and apportionment 
except such amounts as are now or may 
hereaftpr be fixed by law, and except such 
amounts as may be intoned by the said 
board of estimate and apportionment for 
the payment of state taxes and payment of 
interest and principal of the city debt, but 
the [municipal assembly] board of alder- 
meu may not increase such amounts jior 
vary the terms and conditions thereof, nor 
insert any new items. Such action of the 
[municipal assembly] board of aldermen on 
reducing any item or amount fixed by the 
board cf estimate and apportionment shall 
be subject to the veto power of the mayor 
as elsewhere provided in this act, and unless 
such veto is overridden by a [five-sixths] 
three-fourths vote of the [municipal assem- 
bly] board of aldermen, the item or amount 
as fixed by the board of estimate and appor- 
tionment shall stand as part of the budget, 
[After the final estimate is made in accord- 
herewith, it shall be signed, by the pres- 
ia"nt of the cauncii and the members of the 
board of estimate and apportionment, and 
when so signed the said several sums shall 
be and become appropriated to the several 
purposes and departments therein named. 
The said estimate shall be filed in the office 
I of the controller and published in the City 
Record and corporation newspapers.] Prior 


to December twenty-fifth 

in each year the 

budget, as finaly adopted 

pursuant to the 

provisions of this Sooiion, 

shall be certified 

by the mayor, controller 

and city clerk 

whereupon the sa.d several sums shall 


28 


THE CHARTER OF THE CITY OF NEW YORK. 


and become appr opriated to the several pur- 
poses therein named. On or before Decem- 
ber thirty -first in each year the said budget 
shall be filed in the office of the controller 
and published in the City Reco rd. 

Payment of city’s obligrations to be 

l>rovid[eil for. 

Sec. 227. It shall be the duty of the board j 
of estimate ajnd apportionment, from time to 
time, to provide fcr the payment of the inter- 
est and principal of the bcntis and other ob- 
ligations of the city, or for which the city is 
liable, and also to provide for the payment 
to the commicisioners cf the sinking fund of 
any eume directed by special law’s 'to 'be paid 
to ©aid commissioners on account of such 
bonds or obligations and in anticipation of 
their maturky, and to provide for the rais- 
ing of the money therefor, in accordance with 
such special laws and the laws under which 
such bonds and obligations were issued or 
created. 

Duties v>'ben nocuiualatious in sinking' 

fund are iusutiioient. 

Sec. 228. "SMienever and as often as the 
commissioners of the sinking fund shall cer- 
tify to the beard of esitimate and apportion- 
ment that the accumulations in any sinking 
fund w’ill not 'be sufficient to meet the pay- 
ment of any boaids or stocks falling due in 
the next following calendar year redeemable 
therefrom, it shall be the duty of. the said 
beard of estimate and apportionment, and it 
Is hereby required, to include in the annual 
budget for such year, to be raised by tax on 
the estates, real and personal, in the city, 
subject to taxation, such an amoun't to be 
applied to the payment of said bonds cr 
stocks as shall be certified 'by said commis- 
sioners, and the amount so included in said 
estimate shall be paid into said sinking fund 
and applied as in this section specified. 

Certain city bonds and stocks. An- 
nual provisions to meet payment of. 

Sec. 229. For the payment of all bonds and 
stocks of the mayor, aldermen and common- 
alty of the city of New York issued after 
June third, one thousand eight hundred and 
seventy-eight, and for the payment of all the 
bonds and stocks hereafter issued by the cky 
of New’^ York, as hereby constituted, and for 
w'hich no provision for "the payment thereof 
otherw’ise than from taxation is made, except 
revenue bonds issued in anticipation of the 
collection of taxes, there shall annually be 
set apart or paid over to i^ie commissioners 
of the sinking fund, as hereinafter directed, 
and invested by them in the manner provided 
by law, a sum sufficient with the accumula- 
tion of interest thereon to meet and discharge 
the amount of said bonds or stocks by the 
time the same shall be payable, as the same 
shall be estimated and ceKified by the con- 
troller. The said annual sum so to be, so: 
apart or paid over and invested, except so 
far as it relates to bonds and stocks issued 
on or after January first, one thousand eig^it 
hundred and ninety-eight, and bonds issued 
to provide for •the supply of w’ater, shall, un- 
til o'Aer provision therefor may be hereafter 
made by law’, be set apart out of the surplus 
income, revenues and accumulations of the 
sinking fund for the redemption of the city 
debt as now established by law, after fully 
providing for the paj’ment of the stocks and 
bonds of said city now outstanding, and which 
by sections 212 and 213 of ibis act are de- 
clared to be and are made preferred claims 
upon said sinking fund, and also for the pay- 
ment of such other bonds and stocks of said 
city as by said section 213 of cb-s 
ao: are authorized to be paid from 
said sinking fund. Wlienevei* and as 


often as the commissioners of the sink- 
ing fund shall certify to the board of estimate 
end apportionment that the said surplus rev- 
enues of said sinking fund will, in the opinion 
of said commissioners, be less than the 
amount by this section required to be set 
apart or paid over to said commissioners for 
tbs purposes aforesaid, and certifying the 
amount of such deficiency, it shall be the duty 
of said board of estimate and apportionment 
and the [municipal assembly,] boa rd of al- 
dermen to include in the annual budget for 
the year next ensuing to be raised by tax on 
the estates, real and personal, in said city 
subject to taxation, the amount of the de- 
ficiency certified as aforesaid, and this 
amount so raised by tax shall be paid to the 
commissioners of the sinking fund on the 
first day of November of the year in which 
the same shall be levied. 

IteiuM to be iiieliiUecl in nnnnnl esti- 
mate. 

Sec. 230. The board of estimate and appor- 
tionment shall, in addition to such othe r 
amounts as it may in its discretion provide 
for public purp oses in The City of New York 
and the several counties wholly contained 
w’itbin its territoria l limits, annually in- 
clude in its final estimate the following 
sums, which shall annually be raised and ap- 
propriated: 

[First — Such sum in any year, as shall be 
included in the estimate of the department 
of higliw'ayis, to he expended in repaving or 
resurfacing such streets, roads, avenues, and 
public places in the said city as shall be cer- 
tified DO the municipal aesembly hy the com- 
missioner of highw’ays as required to be re- 
paved for the safety, health, or convenience 
c'f the public, and as said assembly shall by 
ordinance or resolution direct.] 

[Second — Such sum as said board may 
deem necessary in the interest of the city 
to be expended by the commissioner of water 
supply when thereto authorized by the mu- 
nicipal assembly, according to law, in extend- 
ing and enlarging the distribution of water 
through the city.] 

[Third — All necessary sum or sums of 
money for the purpose of paying the expense 
incurred by any coroner, in accordance with 
law, in employing scientific experts, engi- 
neers and toxicologists.] 

[Fourth — The amount fixed by said board 
for clerk hire and contingent and incidental 
expenses of the office of the commissioners 
of jurors, but not exceeding the amount fixed 
by law.] 

F irst [ Fifth] — A sura not exceeding eight 
thousand dollars to be paid to the trustees 
of the Seventh regiment armory building, as 
an equivalent and in lieu of the rental of an 
armory for said regiment, to be applied to 
the preservation, maintenance and improve- 
ment of said armory building, as provided 
in chapter five hundred and eighteen of the 
laws of eighteen hundred and ninety-three, 
said sum to be paid in the month of January 
in each year. 

[Sixth — The sum or sums authorized to be 
expended in accordance with law for the pur- 
chasing and leasing of l-ands aaid the erection 
or leasing of buildings for armories and drill 
rooms.] 

Second [Seventh]— The amount necessary 
for the maintenance of the buildings, instru- 
ments and equipments of: 

1. The meteorological and astronomical 
observatory. 

2. The American Museum of Natural His- 
tory, not exceeding [ninety-five] one hun- 
dred and ihirt^five thousand dollars. 

.3. The Metropolitan Museum of Art, not 
e.xceeding ninety-five thousand dollars. 


4. The Brookly n Inst itute of Arts and 
Sciences, not exceeding ninety-five thousand 
dollar s. 

Third [Eighth] — Such sum, not exceeding 
seventy-five thousand dollars, as is included 
in the departmental estimates submitted to 
it by the department of public charities, to 
be applied to the relief of poor adult blind 
persons. 

Fourth [Ninth] — The sum of ten thousand 
dollars to the credit of the department of 
health, to be known as the tenement house 
fund, to be expended by the board of health. 

Fifth [Tenth] — Such sum as is necessary 
to pay the expenses of the registration and 
revision of registration required by law, 
and of all elections held in said city during 
this year. 

Sixth [Eleventh] — Such sum as may be 
necessary to pay the compensation due ac- 
cording to law’ to justices of the supreme 
court from judicial departments, other than 
the first and second judicial district, who 
hold court in the first judicial department, 
or who hold court within the second judicial 
department with in the said city of New 
York as hereby constituted. 

Seventh [Twelfth] — Such sum as may be 
necessary to pay the salaries of county officers 
within the counties of New York, Kings, 
Queens and Richmond, and likewise all other 
expenses within said counties and each of 
them which are county as distinguished 
from city charges and expenses. 

[Thirteenth — The amount necessary for the 
support of the night medical service; but in 
no case shall the sum so appropriated exceed 
three thousand dollars for any one year, unless 
otherwise provided by said board and the mu- 
nicipal assembly.] 

[Fourteenth — To pay the proportion of ex- 
pense chargeable to the city for the mainte- 
nance and repair of the public bridges, which 
are now built, or which may hereafter be 
built, w'ithin the city of New York, as here- 
by constituted.] 

[Fifteenth — The amount necessary to pay 
the expense of procuring and preparing sur- 
veys and maps for commissioners of estimate 
and assessments, appointed in any proceeding 
to open any street, avenue or public park or 
place.] 

[Sixteenth — The sum necessary to pay the 
salaries of the janitors of the district courts. 

ij^i ghth [Seventeenth]— Such sum as is 
necessary for defraying the expenses in- 
curred in carrying out the provisions of sec- 
tions ten hundred and ninety-three, ten hun- 
dred and ninety-four and ten hundred and 
ninety-five of chapter four hundred and ten 
of the law's of eighteen hundred and eighty- 
two. 

[Eighteenth— Such sum as may be neces- 
sary to pay the expenses of the magistrates* 
courts and the board of city magistrates in- 
curred in accordance with the law.] 

Ninth [Nineteenth] — Such sum as may be 
necessary to provide for the compilation 
and publication of the registry of voters. 

[Twentieth — Such sum as may be required 
by the trustees of the college of the city of 
New York, pursuant to section eleven hun- 
dred and thirty-one of this act.] 

[Twenty-first — Such cum as may be re- 
quired by the trustees of the Normal college, 
in The City of New York, pursuant to the 
provisions of section eleven hundred and 
forty-two of this act.] 

Tenth wenty-second] — The sums neces- 
sary, in the discretion of said board, to 
make the following described payments, 
namely: 

1. To the American Female Guardian So- 


THE CHARTEU OE THE CITY OF NEW YORK. 


29 


clety for the maintenance of each girl under 
the age of fourteen and each boy under 
the age of ten years, committed to such so- 
ciety by any magistrate in the city of New 
York, the sum of $2 per week for each and 
every week until such child is discharged or 
removed from the institution of such societ# 
And also the sum of $25,000, to be applied to 
the support of the industrial schools and other 
charitable work of the said society. 

2. To the New York Society for the Preven- 
tion of Cruelty to Children the sum of $30,000 
for the uses and purposes of said society. 

3. To the New York Society for the Relief 
of the Ruptured and Crippled, the sum of 
$150 for the support of every crippled child 
received and retained in their hospital for one 
year, and a proportionate sum for a shorter 
period. 

4. To the New York Infirmary for Women 
and Children, $25 for each homeless or needy 
mother who received care and attendance in 
lying-in wards of the New York infirmary 
for women and children, for such care and 
obstetric attendance, and the further sum of 
$18 per month, and proportionately for any 
fraction of a month, for each mother thus 
domiciled and attended at the birth of her 
child, and for each homeless or needy mother 
with a nursing infant who resides at said in- 
firmary at the request of or by permission of 
its officers, and wet nurses her own infant, 
provided such residence shall exceed the 
period of two months, but the said monthly 
allowance of $18 shall not be paid for a long- 
er period than one year for any mother so re- 
maining continuously. And to the New York 
medical college and hospital for women, $25 
for each needy mother who has received care 
and obstetric attendance at her home or in the 
lying-in wards of the said hospital, for such 
care and obstetric attendance, and the further 
sum of $18 per month and proportionately for 
each fraction of a month for each mother at- 
tended at the birth of her child and domiciled 
at such hospital, but not for a longer period 
than one year, and also for each homeless or 
needy mother with a nursing infant who re- 
sides at said hospital at the request of or by 
permission of its officers, and wet nurses her 
own infant, provided such residence shall ex- 
ceed the period of two months. But such sums 
to the New York medical college and hospital 
for women shall not exceed $8,000 in the ag- 
gregate in any one year. 

5. To the Children’s Fold of the city of New 
York, the sum of $2 per week for each and 
every orphan, half orphan and destitute child 
received and supported by said institution, the 
expense of whose support is not paid by pri- 
vate parties. 

6. To the New York Institution for the 
Blind, $50 for each state pupil sent to and 
received in said institution from said city, 
whose parents or guardians shall, in the opin- 
ion of th; i uperinUMidtni of public instruc- 
tion, be unable to furnish them with suitable 
clotbing. to be by it applied to furnishing such 
pupils with suitable clothing while In said 
institution. 

7. To the Children's Aid Society, the sum 
of $10,000 for the uses and purposes of said 
society. And also the sum of $30,000 to be 
applied to the care and education in the in- 
dustrial schools of said city, of destitute 
children not attending the common schools 
in the city of New York. And also the sum 
of $.30,000 to be applied to the support of 
the boys’ and girls’ lodging houses of the 
said society. To St. John’s guild of the 
city of New York the sum of $30,000, to be 
applied to the maintenance and operation of 
its hospitals, to the support of its other char- 
itable work and to the general uses and 
purposes of said society, and to the Sanitarium 


for Hebrew Children in the city of New 
York, the sum of $5,000 to be applied to the 
support of its charitable work. 

8. To the foundling asylum of the Sisters of 
Charity and to the Babies’ hospital of the 
city of New York, respectively, at the rate 
of 38 cents per day for each and every found- 
ling or infant received and maintained by 
them. .And also for each and every homeless 
and needy mother with a nursing infant, who 
shall reside at the asylum, or at said hos- 
pital, by request of its officers, and nurse 
her own infant, the sum of $18 per month. To 
the babies’ wards of the Post-Graduate hos- 
pital in the city of New York, at the rate of 38 
cents per day for each and every infant re- 
ceived and cared for therein. 

9. To the Nursery and Child’s hospital, the 
sum of five dollars per week for every desti- 
tute woman admitted into its lying-in wards, 
according to the time of the said woman’s 
continuing under the care of the said insti- 
tution, and the further sum of ten dollars per 
month for each and every child born in the 
institution or supported and maintained by 
said institution, whenever it may be neces- 
sary or expedient to place said child in the 
country, or for want of room in the institu- 
tion to find accommodation for it elsewhere; 
and also the sum of ten dollars per month 
for all children received and retained in the 
Nursery and Child’s hospital, in the city of 
New York, and in like proportion for any 
fraction of a year for each and every desti- 
tute child which may be supported and main- 
tained in said institution. To the New York 
Polyclinic Medical school and hospital, for 
board, nursing and medical or surgical aid 
and attendance, one dollar per day for each 
needy and charity patient who occupies a bed 
in said hospital and who receives such care, 
support and maintenance; such payments not 
to exceed in the aggregate thirty thousand 
dollars per annum. To the New York Homeo- 
pathic college and hospital, for board, nurs- 
ing and medical or surgical aid and attend- 
ance, one dollar per day for each needy and 
charity patient who occupies a bed in the 
Flower Surg ':al hospital, belonging to said 
New York Homeopathic college and hospital, 
and who receives such care, support and main- 
tenance; such payment not to exceed in the 
aggregate twelve thousand dollars per an- 
num. 

10. To the New York Infant asylum, a sum 
of money at the rate of thirty-eight cents 
per day, in monthly payments, for each and 
every child received and maintained by said 
asylum; a further sura of twenty-five dollars 
for each homeless or needy mother who re- ■ 
ceives care and attendance in the lying-in 
wards of the asyfum; the further sum of eight- 
een dollars per month, and proportionately 
tor any fraction of a month, for each homeless 
or needy mother who is domiciled in the 
asylum and attended at the birth of her child, 
and resides at the asylum by the request of 
its officers, and wet nurses her own infant; 
and tor each other homeless or needy mother 
with a nursing infant who resides at the 

I asylum by the request of its officers, and wet 
nurses her own infant; provided, however, 
that in each case such residence must exceed 
the period of two months, and that said month- 
ly allowance shall not be paid for a longer 
period than for one year for any mother so 
remaining. 

11. To the Shepherd’s Fold of the Protestant 
Episcopal church in the state of New York, 
the sum of five thousand dollars, to be ap- 
plied to the purposes and objects of said cor- 
poration. 

12. To the New York Catholic Protectory, 
yearly, the sum of one hundred and ten dol- 
lars per capita, on the average number of per- - 


sons annually maintained in its institutions; 
the average number of persons thus maintain- 
ed shall be ascertained by the examination 
and testimony, under oath, of the president or 
secretary of said society. 

13. To the Hebrew Benevolent society of 
the city of New York, one hundred and tea 
dollars per annum and proportionately for 
any fraction of a year, and to the Hebrew 
Sheltering Guardian society of New York, 
one hundred and four dollars per annum and 
proportionately for any fraction of a year 
lor each orphan, half orphan and indigent 
child committed or intrusted to its care in 
pursuance of the provisions of law. 

14. To the New York Juvenile asylum, one 
hundred and ten dollars per annum, and pro- 
portionately for any fraction of a year, lor 
each child, w'hich, by virtue and in pursu- 
ance of the provisions of chapter three hun- 
dred and thirty-two of the laws of eighteen 
hundred and fifty-one, as amended hy law’s of 
eighteen hundred and fifty-eight, chapter 
forty-three, laws of eighteen hundred and 
sixty-three, chapter ninety-four, and laws of 
eighteen hundred and sixty-six, chapter two 
hundred and forty-five, shall be intrusted or 
committed to the said asylum and shall be 
supported and instructed therein. 

15. To the Roman Catholic House of the 
Good Shepherd, monthly payments at the rate 
of one hundred and ten dollars per annum 
for each female, between the ages of fourteen 
and twenty-one, committed to it by any mag- 
istrate in accordance with chapter four hun- 
dred and nine of the laws of eighteen hun- 
dred and sixty-seven. 

1(1. To the Magdalen Female Benevolent 
.Asylum and Home for Fallen Women, month- 
ly payments at the rate of one hundred and 
ten dollars per annum for each female, be- 
tween the ages of fourteen and twenty-on© 
years, committed to it by any magistrate, in 
accordance with said last mentioned law. 

17. To the Protestant Episcopal House of 
Mercy, monthly payments at the rate of one 
hundred and ten dollars per annum for each 
female between the ages of fourteen and 
twenty-one years, committed to it by any 
magistrate in accordance with said last men- 
tioned law. 

18. To the Five Points House of Industry, 
the sum of fifty-two dollars per year for each 
and every orphan, half orphan and destitute 
child, not exceeding two hundred children In 
any one year, received and supported by said 
institution for each year, the expense of 
whose support is not paid by private parties, 
and in the same proportion for the part of 
a year. 

19. To the Association for Befriending Chil- 
dren and Young Girls, a per capita allow- 
ance of one dollar 21 week for each female 
by it rescued, supported, instructed and train- 
ed to useful employment. 

20. To the Peabody Home for .Aged and In- 
digent Women, the sum of one hundred and 
fifty dollars per annum tor each and every 
woman therein over sixty-five years of age 
received and supported by said institution, 
not exceeding, however, the sum of five thou- 
sand dollars in any one year, and to the Sloan 
Maternity hospital in the city of New York, 
the sum of five dollars per week for every 
destitute woman admitted into its lying-in 
ward, according to the time of the said wom- 
an continuing under the care of the said 
institution, and the further sum of ten dol- 
lars per menth for each and every child born 
in the institution or supported and maintain- 
ed by said Institution, but such sums shall 
not exceed 'eight thousand dollars in any one 
year. And to the New York Female asylum 
for lying-in women, twenty-five dollars for 
each h’.melcss and needy mciher who ha# 


30 


THE CHARTER OF THE CITY OF NEW YORK. 


received care and attention in the lying-in 
ward of the asylum, for such care and ob- 
stetric attendance, but such sums shall not 
exceed eight thousand dollars in any one year. 

21. To the Mothers’ and Babies’ hospital, fif- 
teen dollars for each homeless and needy 
mother who has received care and attention 
in the lying-in ward of the hospital, for such 
care and obstetric attendance, not to exceed 
three hundred patients in any one year. 

22. Such other sum or sums as are, or maj' 
be by law directed or authorized to be raised 
and paid for charitable purposes or to pri- 
vate or incorporated societies, associations, 
asylums, hospitals, corporations, institu- 
tions, protectories, homes or schools. 

23. The board of estimate and apportion- 
ment are hereby authorized in their discre- 
tion to include in their annual statements 
and estimates the following specified sums 
of money fer the respective purposes herein 
stated, namely; Four thousand dollars to be 
paid to the Brooklyn hospital (formerly City 
hospital); four thousand dollars to be paid to 
the Long Island College hospital: four thou- 
sand dollars to be paid to the Brooklyn Home- 
opathic hospital; fifteen hundred dollars to 
be paid to the Brooklyn Central dispensary; 
fifteen hundred dollars to be paid to the 
Brookljm City dispensary: fifteen hundred 
dollars to be paid to the Brooklyn Eclectic 
dispensary: fifteen hundred dollars to be paid 
to the Brooklyn Homeopathic dispensary; five 
thousand dollars to be paid to the Brooklyn 
Eastern District dispensary and hospital 
(formerly the Williamsburgh dispensary); 
fifteen hundred dollars to be paid to the Long 
Island College dispensary: fifteen hundred 
dollars to I e paid to the Gates avenue Home- 
opathic dispensary; four thousand dollars to 
be paid to the Brooklyn Nursery and Infants’ 
hospital; fifteen hundred dollars to be paid 
to the Brooklyn Eastern District Homeopa- 
thic dispensary (formerly the Williamsburgh 
Homeopathic dispensary); twenty-five hun- 
dred dollars to be paid to the Brooklyn ma- 
ternity (formerly Brooklyn lying-in asylum); 
twenty-five hundred dollars to be paid to the 
Eye and Ear hospital of the city of Br.jok- 
lyn; one thousand dollars to be paid to the 
Southern dispensary and hospital; fifteen hun- 
dred dollars to be paid to the Orthopedic dis- 
pensary; four thousand dollars to be paid to 
the Saint Peter’s hospital; fifteen hundred 
dollars to be paid to the Saint Peter’s dis- 
pensary; two thousand dcllars to be paid to 
the Atlantic avenue dispensary: one thou- 
sand dollars to be paid to the Saint Mary’s 
dispensary: two thousand dollars to be paid 
to the Brooklyn Diet dispensary; fifteen hun- 
dred dcllars to be paid to the Saint Cathar- 
ine’s dispensary: four thousand dollars to 
be paid to the ^^in^' Catharine’s hospital; 
one inousaiid tloiia-i; to be paid to the Help- 
ing Hand society cf Brooklyn; one thousand 
dollars to be paid to the Sheltering .Arms 
nursery of Erookiyii; four thousand dollars 
to be paid to the Brooklyn Home for Con- 
sumptives; four thousand dollars to be paid 
to the Memorial hospital for Women and 
Children; four thousand dollars to be paid 
to the Saint Mary’s general hospital of the 
city of Brooklyn; fifteen hundred dollars to 
be paid to the Central Homeopathic dispen- 
sary; fifteen hundred dollars to be paid to the 
Memorial dispensary; fifteen hundred dollars 
to be paid to the Bushwick and East Brook- 
lyn dispensary: fifteen hundred dollars to be 
paid to the Dispensary of the College of 
Physicians and Surgeons of Saint Mary’s 
hospital of the city of Brooklyn; four thou- 
sand dollars to be paid to the Methodist Epis- 
copal hospital of the city of Brooklyn; two 
thousand dollars to be paid to the Saint 
Mary’s Female hospital; fifteen hundred dol- 


lars to be paid to the Lutheran Hospital 
association of the city of. New I'erk and vic- 
inity; four thousand dollars to be paid to the 
Brooklyn Throat hospital; two thousand dol- 
lars to be paid to the Bedford dispensary 
and hospital: four thousand dollars to be paid 


also, in its discretion, appropriate and allow 
moneys raised by taxation or received from 
any other source and properly applicable 
thereto, to any charitable, eleemosynary, cor- 
recticna! cr reformatory institution, wholly or 
partly under private control for the care, sup- 


to the St. Martha’s sanitarium and dispen- %iort and maintenance of its inmates; such 

payments to be made only for such inmates 
as are received and retained therein pursuant 
to rules established by the state board of 
charities. The board of estimate and ap- 
portionment may in any year, and from time 
to time, increase or diminish, the sum au- 
thorized to be paid to any institution, asso- 
ciation, corporation or society included in the 
[twenty-second] te nth paragraph of this 
section. The final estimate shall specify 
each institution by its corporate name and 
the sum to be paid thereto, with a reference 
to the law^s aut’norizing the appropriation, 
and the controller is authorized to pay the 
sum to such institution upon its appearing to 
his satisfaction in such manner as he shall 
prescribe that the expenditure thereof by the 
institution is lawful and proper. No appro- 
priation shall be made under this section to 


sary; thr;e thousand dollars to be paid to the 
Central Throat hospital and Polyclinic dis- 
pensary; three thousand dollars to be paid 
to the Long Island Throat hospital and Eye in- 
firmary (formerly the Long Island Throat and 
Lung hospital and People’s dispensary associ- 
ation): four thousand dollars to be paid to the 
Norwegian Lutheran Deaconesses’ home and 
hospital; two thousand and five hundred dol- 
lars to bo paid to the Ercoklyn Home for 
Aged Colored People, three thousand dollars 
to be paid to the St. Mary’s Maternity and 
Infants’ home; two thousand dollars to be 
paid the Memorial Training School for 
Nurses; four thousand dollars to be paid to 
the Church Charity Foundation of Long Isl- 
and for its hospital; twenty-five hundred dol- 
lars to be paid to the Heme of St. Giles the 
Cripple: three thousand dollars to be paid lo 
the Bu.^hwick hospital; four thousand dollars 
to be paid to the Brooklyn So- 
ciety for the Prevention of Cruelty 
to Children; two thousand dollars to 

be paid to the Brooklyn Training School 
and Home fer "Foung Girls; fifteen hundred 
dollars to be paid to the dispensary of the 
Meth.cdist Episcopal hospital: twenty-five 

hundred dollars to be paid to the Low mater- 
nity; fifteen hundred dollars to be paid to the 
Brooklyn Hospital di-spensary: two theusand 
dollars to be paid to the Society for the Aid 
of Friendless Women and Children: two thou- 
sand dollars to be paid to the Stone materni- 
ty of Brooklyn: fifteen hundred dollars to be 
paid to St. Phebe’s mission; fifteen hundred 
dollars to be paid to the Orphan Asylum So- 
ciety of the City of Brooklyn; two thousand 
five hundred dollars to be paid to the Industrial 
Home for the Blind; [one thousand dollars 
to be paid to the Homeopathic Hospital asso- j 
elation of Brooklyn;] fifteen hundr.d dollars 
to, be paid to the Brooklyn Industrial School 
association and Home for Destitute Children; 
fifteen hundred dollars to be paid to 
the Industrial Home School association 

of Brooklyn, eastern district; twenty- 

five hundred dollars to be paid to the Ma- 
ternity of the Long Island College hcspital; j 
fifteen hundred dcllars to be paid to the I 


any corporation unless the mayo r of th e city 
1 or the president of the borough in whi.'h the 

chi ef office of such cornoration is situated. 

be notified of all meetings of its board of 

management and be empowered to attend the 
same or designate in writi ng some person 
to do so in his behalf; out this shall not^^ 
construed as impair ing any existing powers 
of visitation ves ted in the supremo court or 
the state board of charities, or any nrnvi- 
sions of law reouiring statements by su.-h 
corporations as to their affairs. 

Bonn] of estimate and nj^portioiiinent 
to aiiillt eliarses ngiiin.st elty for 
co.sts. etc. 

Sec. 231. The board of estimate and appor- 
tionment is hereby authorized to audit and 
allow, as charges against the city, the reason- 
able costs, counsel fees and expenses paid 
or incurred, or which shall hereaher be paid 
or incurred by any commissioner, city magis- 
trate or police justice who shall have been a 
successful party in any proceedings or trial 
to remove him from office, or Vi ho shall bring 
or defend any action or proceeding, in which 
the question as to his title to office is in any 
way presented, or involved, or in which it is 


„ . . , ^ .sought to convict him, or to review or pi’O- 

Twenty-s.xth AAard Homeopathic dispensary; j 


;uch several sums of money to be paid to the 
several institutions in consideration cf their 


Sion of his office, or by any commissioner for 

. the proper presentation and justification of 

contracting to render and rendering medical ^edy or tribu- 

^al lawfully investigating the same, and not 
officially recommending his removal from 
office. The board of estimate and apportion- 


of the county of Kings who may apply to 
them therefor; such contract to be in writ- 
ing. executed on behalf of the city by the | "“Vanrthe'Tm^um’cipaTass^mbi;] bVar^ 
mayor and controller and also by !he 


executive officers cf said associations respect- j 
ively. and to be approved by the counsel rc ' 
the corporation of the city, to be filed an i 
nually on cr before the thirty-firT day of I 
May, in the office of the city clerk. 

24. Any other sum or sums which may | 
heretofore have been duly authorized by law : 
to be paid [by tax] within The City of New i 
York, or any part thereof, as constituted by 1 
this act, for the education and support of the j 
blind, tho deaf and dumb and juvenile delin- j pursuant to the provisions of chapter 1.91 or 
quents, ’and for the care, support, mainte- i the laws of 1880, shall be collected and paid 


aldermen are hereby authorized and directed 
to cause to be included in the budget for 
ihe year following such audit, an amount 
sufficient to pay the revenue bonds directed 
to be issued by the said controller pursuant 
to section one himdred and eighty-eight of 
this act, with all interest due or to becoma 
due thereon. 

Delleieiifics; liow i>rovi<le<l for. 

Sec. 232. The amount raised by assessment. 


nance and secular education of Inmates of 
orphan asylums, protectories, homes for de- 
pendent children or correctional institutions, 
or to charitable, eleemosynary, correctional 
and reformatory institutions, wholly cr part- 
ly under private control for care, support and 


into the city treasury, and applied toward the 
payment of revenue bonds issued under said 
chapter. If any deficiency shall arise from 
any cause, and a sufficient amount shall not 
be realized from such assessment to pay 
$00,000 of the revenue bonds issued pursuant 


maintenance, as in such law specified. The i to said chapter, with the interest thereon, 
board of estimate and apportionment may' such deficiency shall be provided for by iha 


THE CHARTER OF THE CITY OF NEW YORK. 


Cl 


board of estimate and apportionment and 1 
the [municipal aserably] board of aldermEn, 
by including the same in the annual appro- 
priation first made, after the amount of such 
deficiency, if any, shall be ascertained. 

Icsno of rertain Kfook nn«l Itoncln 

nnthorizeti; tran-sfers of upitropria- 

tioiis. 

Sec. 235. The board of estimate and appor- 
tionment may at any time, as cccaeicn may 
require, [by the affirmative vote of three 
members,] authorize the issue of any stocks | 
or bonds for the purpose of withdrawing, or | 
taking up at niaturity any stocks or 'bonds i 
cutstanding; but the said bonds cr their pro- ! 
ceeds shall be applied exclusively to the pay- j 
ment, purchase, and extinct.ioa of such matur- 
ing bonds in such manner that the aggregate 
of the stocks or bonds of said city outstand- 
ing shall not be increased thereby fer a long- 
er period than is necessary in effecting said 
change. [ The said board of estimate and ap- 
portionment may, from time to time, on the 
application of the head of any department, 
authorize the transfer, from one bureau or 
purpose to another in the same department, 
of any sum theretofore appropriated for the 
purpose of such department or bureau. 

Appropriation for prevention of eon- 

tUM'iouM cliNenses. 

Sec. 236. For the prevention of dangers 
from contagious or infectious diseases found to 
exist in any part of the cHy, or for the care 
of persons expceed to danger from contagious 
or infectious diseases, the [municipal as- 
sembly] board of aldermen and the board of | 
estimate and apportionment may appropriate 
to the use of the health department money 
in excess of the annual estimate and appro- 
priation for any year to the amount that 
shall be declared necessary for such purpose 
by resolution of the board of health; not, 
however, to exceed, in the aggregate, the 
sum of eighty-thousand dollars in excess 
of such annual appropriation, and if any sum 
or sums of money shall be so appropriated 
by said [municipal assembly] board of al- 
dermen and said board of estimate and ap- 
portionment in any year prior to the date 
of the certificate of the controller to the 
[municipal assembly] board of ajd^men of 
the aggregate amount of the budget for such 
year, the amount thereof shall be added to 
such final estimate, and included in the tax 
levy in such year. 

Bonrd of osfininto niny transfer excess 

of appropriations. 

Sec. 237. The board of estimate and appor- 
tionment shall have the power at any time 
to transfer .any appropriation for any year 
which may be found, by the president of a 
borough, the head of [the] a^ department or 
other officer having control of such appro- 
priation, [for which such appropriation 
shall have been made,] to bo in excess of 
tnc amount required or deemed to be 
necessary for the purposes or objects there- 
of. to such other purposes or objects 
for which the appropriations in such j 
year are insufficient, or such as may re- 
quire the same. But nothing in the power 
thus conferred shall authorize the transfer by 
said board of an appropriation made for any ob- 
ject or purpose, in one year, to any purpose 
or object, whether an appropriation has been 
made therefor or otherwise, in any subse- 
quent year. And any balance of appropriations 
remaining unexpended at the close of any 
fiscal year, after allowing sufficient to satisfy 
all claims payable therefrom, and also any 
balance to ‘he credit of any account of moneys 
which have been or may hereafter be paid i 


into the treasury of the city, under existing 
laws, appropriated cr authcrized to be ex- I 
pended for any specific purpose, and which 
the said hoard of estimate and apportionment 
may determine net to be necessary, or to be 
in excess ot the amount required therefor, 
may, at any time, but net less than sixty 
days ^fter the expiration of the year foj' 
which such appropriations are made, or si.xty 
days after the expiration cf the year dur- 
ing which the moneys aforesvd were paid into 
the treasury of the city, after allowing suffi- 
cient to satisfy nil claims payable fr, m such I 
appropriations, or which the controller shall j 
certify, should bo paid from raid moneys paid ' 
into the treasury, as aforesaid, be transferred 
by the controller, with the approval cf the 
said board of estimate and apportionment, to 
the general fund of the city, and applied to 
the reduction of taxation. The approval by 
the beard ot estimate and apportion:ncnt of 
the certificate of the controller, as aforesaid, 
shall be an appropriation ot the amounts 
therein stated to the obj-cct or purposes in 
said certificate specified. 

.\l»l)roi>r iaf loii» out of excisie moiieya 

fo Home for Girls. 

Sec. 238. There may be paid annually, out 
of the excise mcneys of the City of Xew York, 
to the Home for Fallen and Friendless Girls, 
in said city, the sum of $150, for the support 
of every fallen and friendless girl received 
and supported by said corporation in their 
Homo for Fallen and Friendless Girls fer the 
year for which such payment shall be made, 
and a proportional sum for a shorter period 
in the same year. 

Street sweepiiiR' eontrncts to lie ny- 

proxert liy hoard. 

Sec. 239. The terms and conditions of all 
contracts for street sweeping and cleaning, 
or for the collection of ashes and garbage, 
shall, before they are entered into, be ap- 
proved by the board of estimate and appor- 
tionment. 

Excise moneys; how nyyrotirlnteil. 

Sec, 240. Said board of estimate and appor- 
tionment is authorized, from time to time, in 
sums according to its discretion, by resolution 
of said board, to appropriate from excise 
moneys obtained from either local or state 
boards or officers, for taxes cr licenses for the 
sale of intoxicating liquors, to such benevolent 
or charitable institutions in said city which 
shall gratuitously aid, support or assist the 
poor thereof, ae may seem to said board de 
serving or proper [but no such resolution 
shall be valid unless adopted by a majority 
vote of ail the members ot said board.] and 
the controller shall draw his warrant in favor 
of such institutions respectively mentioned in 
suc-a resolutions, according to fhe tenor there- 
of, and the chamberlain shall pay such war- 
rants out of the said moneys received for li - 
censes. The term "poor,” as used in rhla 
section, shall only include persons who would 
otherwise become a charge upon said city, ae 
foundlings, orphans or such prostituted or 
fallen women or juvenile delinquents as may 
be committed to or cared for gratuitously, in 
or by any reformatory institution, protectory 
or juvenile asylum, and persons who are sup- 
ported, relieved, or cared for gratuitously, in 
or by any charitable institution for tlie care or 
relief of the ruptured or crippled, the cure of 
hip* or spinal diseases, the sick or the desti- 
tute, friendless or infirm, including children 
of volunteers who died in the late civil waraud 
the care and Instruction of Idiots, the deaf and 
dumb, the blind and the insane. No pay- 
ments shall be made in pursuance of this sec- 
tion, except as a per capita allowance for rhe 
poor and destitute persons actually supported. 


treated, cared for or educated in the institu- 
tions referred to in this secticn, except in the 
case cf the American Female Guardian society 
and Home for the Friendless, the Children’s 
-Md society and the Shepherd’s Feld of the 
Protestant Episcopal church, which shall 
revcrally receive only the same amounts as 
provided by other provisions of law. The said 
board of estimate and app-:rtionment ia also 
authorized, from time to time, and in sums 
according to its discretion, to appropriate, by 
resolution of said beard, all mcneys derived 
fro-m penalties and fines, recovered, pursuant 
to sections 1.473, 1.481 and 1,482 of this act, 
and all moneys from licenses, provided for 
in chapter 22, title 2 ot this act, to what- 
ever benevolent oi charitable institutions 
may seem tc such board deserving or 
proper, but no such resolution shall be 
valid unless adopted by a vote of a majority 
ot said board, and the controller o-f said city 
is hereby authorized and directed to draw 
his warrants in favor of the corporations, so- 
cieties or charitable institutions, respectively 
mentioned in such resolution according to the 
tenor thereof, and the chamberlain of said 
city shall pay such warrants out of the .s.iid 
m-oneys received for such penalties, fines and 
licenses. 

.Vl»I»roi»riatiOM!* for contestinsr ofliee to 

I>e iiiudc for prrvailinijf party only. 

Sec. 241. No appropriation or payment 
for the contesting of the office of mayor, 
or any seat in the [municipal assembly] 
board of aldermen, or office in any de- 
partment, or the office of any officer 
whose salary is paid from the city treasury, 
shall be made to any but tbe prevailing par- 
ty. Nor shall any such appropriations or 
payment be made to such prevailing party 
except upon the written certificate of the 
chief officer of the law department, and ot 
the presiding justice of the appellate division 
of the first department ot the supremo court, 
certifying who is such prevailing party, and 
the value of the services rendered in the 
case. In case an officer or clerk is ordered to 
be examined, in pursuance of law, the corpor- 
ation counsel shall assign some one tr?m his 
department as counsel for the officer or 
clerk making an application therefor. 

Hoard of estiitinfr- niid nitportioiiincn t ; 

powcTM witli respect to certain huI>^ 

jectw. 

Sec. 242. The board of estimate and appor- 
tionment shall have power over the follow- 
ing subjects: 

(1.) To appropriate, from time to time, for 
the maintenance, improvement and exten- 
sioii of the system of water supply of the 
borough of Brooklyn, the moneys received 
from water rents in the said borough, sub- 
je ct, however, to the charges now imposed 
by law upon said revenues. 

(2.) To appropriate, from time to time, for 
fhe maintenance of the New York and Brook- 
lyn Firidgc the moneys received from the 
re venues of said bridge. 

.\ntliorlty fo ehaiige the map or plan 

of the city or to chause jfrades. 

Sec. 243 [436], The board of [public im- 
provements] estimate and apportionment 
is authorized and empowered, whenever and 
as often as it may deem it for the public in- 
terest so to do. to initiate a change in the 
map or plan of the city o-f New York, so as to 
layoutnewstreets, parks, bridges, tunnels and 
approaches to bridges and tunnels and parks, 
and to widen, straighten, ex-tend, alter and 
close existing streets, and to change the grade 
of existing stree’oS shown upon such map or 


82 


THE CHARTER OF THE CITY OF NEW YORK 


plan, by publisbing notice of its proposed ac- 
tion for ten days in the City Record and 
the corporation newspapers, and giving an op- 
portunity for all persons Interested in such 
change to be heard, at a time and place to 
be specified in such noitce, such time to be 
not less Chan ten days after the first publi- 
cation of such notice. After the due publica- 
tion of such notice, and after hearing protests 
and objections, if any there be, against the 
proposed cbange, if the said board sdiall favor 
such cbange, notwithstanding such pro- 
tests and objections, it shall transmit its 
resolution to that effect to the [municipal 
assembly] boar d of aldermen, together with 
the objections, if any, which have been made 
in writing, and filed with it, and a state- 
ment of its reasons for such determination. 
If [both houses of] the [municipal assem- 
bly] bMid of ald^rmra concur in such reso- 
lution passed by the board of [public im- 
provements] estimate aud apportionment, by 
passing an ordinance adopting and approving 
the same by a two-thirds vote, and the same 
receives the approval of the mayor, such 
change in the map or plan of The City of 
New York, or in the grade of any street or 
streets shown thereon, shall be deemed to 
have been made. The board of [public 
Improvements] estima te and apportionment 
Is authorized and empov.ered without the con- 
currence of the [municipal assembly] board 
of aldermen, but with the approval of the 
mayor, to change the grades of bridges, tun- 
nels and approaches to bridges aud tunnels, 
and the location of approaches to bridges 
and tunnels. 

llnaitil of [public improvoiiieiitsl cinti- 

inatc aii«l npportio miiciit ; gciierail 

poTTcrs. 

Sec. 244. [426] The said board of [public 
Improvements] est imate and apportionment 
shall exercise such powers and per- 
form such duties with respect to the whole 
territory embraced within the city of New 
York, as constituted by this act, as were 
heretofore vested in the board of street open- 
ing and improvements cf the corporation 
known as the mayor, aldermen and common- 
alty of the city of New York, with respect to 
the territory included within that municipal- 
ity, except so far as the same have been oth- 
erwise specifically and expressly conferred 
by this act. ^1 the maps, records and pro- 
of the board of public improvements 
relatin g to the su bj ects as to w hich jurisdic^ 
tlou is conferred by this section upon The 
board of estimate and apportionmen t, shall be 
tra nsferred to, kept and maintained in the 
office of the board o f est imate and apportion- 
ment. And the board of [public improve- 
ments] estimate and apportionment shall ex- 
ercise such other powers and perform such 
other duties as are vested in or cast upon it 
by any of the provisions of this act. or that 
may in accordance with the law be devolved 
upon it by the [municipal assembly] board 
of aldermen. .Ml act s or proceedings hereto- 
fore performed or taken by the board of pub- 
lic improvements of The City of New York 
In respect to the powers h ereby conferred 
and the duties hereby imposed upo n the board 
of estimate and apportionment, shall continue 
to be vali d and of full force and effect unless 
modified, repealed or abrogated in the man- 
ner provided by l aw. 

TITLE 6. 

I,12VVl.\G T.4.XES. 

limits of; levies for. 

Sec. 248. It shall be the duty of the [muni- 
clpal assembly] board of aldermen to in- 


clude, in any and every ordinance or resolu- 
tion passed by them, imposing and levying 
taxes for any purpose or purposes authorized 
by law, such sum, in addition to the aggre- 
gate amount required for such purposes, as 
they shall deem necessary, not exceeding 
three per centum of said aggregate amount, 
to provide for deficiencies in the actual 
product of the amount imposed and levied 
therefor. 

Aggrogale Hiiiount apportiouod 1o be 
certified to Ininiileipal ansembly] 
lioard of aldermen and raised. 

Sec. 249. The aggregate amount estimated 
by the [municipal assembly] board of ^- 
dermen and the board of estimate and appor- 
tionment, in the annual budget, shall be cer- 
tified by the controller to the [municipal 
assembly] board of aldermen; and it shall 
be the duty of said [municipal assembly in 
joint session of both houses] board of al^r- 
men and they are hereby empowered and di- 
rected annually to cause to be raised, ac- 
cording to law, and collected by tax upon the 
estates, real aud personal, subject to taxa- 
tion Avithin The City of New York, the 
amount so certified, as aforesaid. 


CHAPTER VII. 

I,.\W DEPARTMENT. 

[Law Departniciitl Corporation conn- 
»cl to be Ibe henil of »nw «lopajPi- 

ineiit ; UntieM [niirt i»«A.er..(|: Mnlary. 

See. 255. There shall be a law depart- 
ment of THie City of New York, the head 
whereof shall be called tha corporation 
counsel, who shall be the attorney and 
counsel for The City of New York, the 
mayor, the [municipal assembly] boa rd of 
aldermen, and each and every officer, board 
and department of said city, except as other- 
wise herein provided. The salary of the cor- 
poration counsel shall be fifteen thousand dol- 
lars a year. The corporation counsel shall have 
charge and conduct of all the law business 
of the corporation and its departments and 
boards, and of ail law business in which the 
city of New York is interested, except as 
otherwise herein provided. He shall have 
charge and conduct of the legal proceedings 
necessary in opening, widening, altering and 
closing streets, and in acquiring real estate 
or interests therein for the city by con- 
demnation proceedings, and the preparation 
of all leases, deeds, contracts, bonds and 
other legal papers of the city or of, or cou- 
nected with, any deparlment, board or officer 
thereof, and he shall approve as to form all 
such contracts, leases, deeds, bonds and other 
legal papers; provided, liowever, that he shall 
not institute any proceeding for acquiring 
title to real estate by condemnation proceed- 
ings, except for opening streets, unless the 
same shall have been approved by the [con- 
current vote of all the members of the] board 
of estimate and apportionment upon a state- 
ment to be furnished said board, of the valu- 
ation of such real estate as assessed for pur- 
poses of taxation; and provided, further, that 
the board of estimate aud apportionment 
shall have poAver by a majority vote to di- 
rect such changes to be made in the forms 
of contracts aud specifications as may seem 
to promote the interests of the city. He shall 
be the legal adviser of the mayor, the [mu- 
nicipal assembly] Jmard of aldermen, the 
presidents of the boroughs and the vai^us 
departments, hoards and officers, except as 
otherwise herein provided, and it shall be 
his duty to furnish to the mayor, the [mu- 


nicipal assembly] hoard of aldermen, t he 
pres idents of the boroughs and to every de- 
partment, board aud officer of the city all 
such advice and legal assistance as counsel 
and attorney in or out of court as may be re- 
quired by them or either of them, and for 
that purpose the corporation counsel may 
assign an assistant or assistants to any de- 
parlment that he shall deem to need the 
same. No officer, board, or department of the 
! city, unless it be herein otherwise specially 
provided, shall have or employ any attorney 
or counsel, except where a judgment or order 
in any action or preceding m ay affect him 
or them individually or may be followed by 
a motion to commit for contempt of court, 
in Avhlch case he or they may employ and 
be represented by attorney or counsel at his 
or their o wn expense . The corporation 
counsel, except as otherwise herein pro- 
vided, shall have the right to institute 
actions in law or equity, and any proceedings 
provided by the code of civil procedure or by 
laAV in any court, local, state or national, 
to maintain, defend and establish the rights, 
interests, revenues, property, privileges, fran- 
chises, or demands of the city, or of any 
part or portion thereof, or of the people 
thereof, or to collect any money, debts, fines, 
or penalties or to enforce the laAvs and ordi- 
nances. [He shall be a member of the board 
of estimate and apportionment, and of the 
board of public improvements.] He shall not 
be empowered to compromise, settle or ad- 
just any rights, claims, demands or causes 
of action in favor of or against the city of 
New York; provide d, however, tha t this in- 
hibition shall not operate to limit or abridge 


the discretion of the corporation counsel in 


regard to the proper couduAt of the trial of 
any proceeding or action at law, or (o de- 


prive said corporation counsel of the pow- 
ers or privileges ordinarily exercised in the 


course of litigation by attorneA's-at-law 


Avhen actingjor private clients, [or to] He 
shall not^ permit, offer or confess judgment 
against the city, or [to] accept any offer of 
judgment in favor of the city, or determine 
not to take an appeal, or a bandon an apoeaT 
already taVen without the previous written 
approval of the controller; aud in case of 
any claim for a money judgment exceeding 
ten thousand dollars, or for relief other than 
in the nature of a money judgment, the pre- 
vious written approval of the mayor shall 
be also necessary. 

Cocporntloii fonnsers i»OT»cr of up. 

jtoiiifnieiit. 

Sec. 256. The corporation counsel may .ap- 
point, and at pleasure remove, as many as- 
sistants to the corporation counsel as are neces- 
sary to the discharge of the duties of the law 
department, and he may appoint and at pleas- 
ure remove such clerks, assistants, and subor- 
dinates as are requisite to the discharge of 
the business of the department, giving to his 
appointees such titles or designations as he 
may deem appropriate to their services, re- 
spectively. [He shall fix and regulate the sal- 
aries and compensation of allof hisappointees 
within the limits of the appropriation for 
his department.] .Any assistant corporation 
counsel shall In addition to his other powers, 
possess eA'ery power and perform all and every 
duty belonging to the office of the corporation 
counsel, or so much of such duties as the cor- 
poration counsel shall deem it necessary to 
delegate whenever so empowered by said cor- 
poration counsel by written authority, desig- 
nating therein a period of time, not extending 
beyond three months, nor beyond the term of 


( 


THE CHARTEK OF THE CITY OF NEW YORK 


33 


office ot said corporation counsei, during 
which such power and authority may be exer- 
cised: such designation and authority must be 
duly filed and remain on record in the law 
department, and may be revoked at any time. 
Neither the corporation counsel, nor any of 


his assistants. 

shall 

appear as 

attorney 

or 

counsel in any 

action 

or litigation except 

in 

his assistants. 

shall 

appear as 

attorney 

or 

cept an appointment 

as referee 

or receiver 


in any action or proceeding. 

Branch ofliocs. 

Sec. 2o7. In addition to the main office of 
the corporation counsel, which shall be located 
in the borough of Manhattan, he shall have 
an office in the borough of Brooklyn, and, in 
bis discretion, may maintain an office in the 
borough of the Bronx, the borough of Queens 
and the borough of Richmond, or either of 
them. 

Biireann. 

Sec. 258. The corporation counsel may es- 
tablish such bureaus for divisions of service 
in the law department as he may judge most 
conducive to the efficient discharge of duty. 
There shall be a bureau in the law department 
to be known as the bureau of street open- 
ings. It shall have charge, under the direc- 
tion of the corporation counsel, of such legal 
proceedings to open, widen, alter or close 
streets and parks, and to acquire title to 
or extinguish interests in real estate therefor, 
and of all such other proceedings involving 
awards for damages or assessments for bene- 
fit to lands, tenements and hereditaments 
as may be assigned to it by the corporation 
counsel. The corporation counsel shall ap- 
point and remove at will the head of said 
bureau and all other employes thereof, and 
shall regulate their salaries and compensation. 
The assistants to the corpora:tion counsel as- 
eigned to such bureau shall conduct in his 
behalf, and subject to his direction and con- 
trol. all legal proceedings so assigned, and 
shall [may] also act as clerks to the com- 
missioners of estimate or the commissioners 
of estimate and assessment in all such pro- 
ceedings without compensation therefor othe r 
th an their salaries. Such bureau shall fur- 
nish to the commissioners ot estimate 
or the commissioners of estimate and 
assessment in each proceeding, suitable 
offices and all the assistants which they 
may require in preparing their prelimin- 
ary abstracts of estimate or ot estimate and 
assessment, and their final reports for pre- 
sentation to the supreme court for confirma- 
tion. The compensation ot the head of said 
bureau and of all other employes thereof, 
and all the legal costs, charges, expenses and 
disbursements incurred by said bureau on 
account of such proceedings, shall be divided 
proportionately, as nearly as practicable, to 
the services rendered or expense Incurred In 
each of the said proceedings, and shall be 
included in the assessment for benefit to be 
imposed by the commissioners ot estimate 
or the commissioners of estimate and assess- 
ment in each proceeding as part of the costs, 
charges and expenses thereof, after the same 
shall have been taxed by the court in the 
manner now provided by law for the taxation 
of such costs, charges, expenses and dis- 
bursements. but the compensation of the em- 
ployes of said bureau .and the necessary 
charges, expenses and disbursements there- 
of shall be chargeable to and shall be paid 
monthly, in the first instance by the con- 
troller of the city of New York, out of the 
fund known as the fund for street and park 
openjngs, created by chapter one hundred 
and seventy-three of the laws ot eighteen hun- 


dred and eighty-five, and the acts amenda- 
tory thereof and supplemental thereto, upon 
pay rolls and vouchers duly certified by the 
corporation counsel. The assistant clerks or 
other appointees of this bureau engaged in 
the transaction ot business or duties pertain- 
ing to the borough of Brooklyn may have 
their office in the borough hall or public build- | 
ing ot the borough of Brooklyn, and if, in | 
the judgment of the corporation counsel it j 
be convenient and advisable, such of the as- | 
sistants, clerks or other appointees of this 
bureau as may be engaged in the transaction 
of business pertaining to the borough of the 
Bronx, the borough of Richmond or the 
borough ot Queens, may likewise have an 
office in either of said boroughs. 

Biirean for recovery of peiiulties. 

Sec. 259. There shall be a bureau in the law 
department for the recovery of penalties for 
the violation of any law or municipal ordi- 
nance, to be called the bureau for ihe re- 
covery of penalties. .\.1I actions for such 
recovery shall be brought in the name' of the 
city ot New York, and not in that of any 
department, except where otherwise provided 
by this act. The assistant corporation coun- 
sel assigned to this bureau in the main office, 
or in the branch efflee located in any borough, 
shall not receive for his own use any fees or 
emoluments in addition to his salary, and he 
shall pay into the city treasury all costs and 
commissions received by him from any source 
whatever; such payments shall be made 
monthly, and shall be accompanied by a 
sworn statement in such form as the control- 
ler shall proscribe. [Such statement, with 
a detailed list of] A statement of the 
costs, commissions, fines and penalties 
collected, shall be published in the City 
Record monthly. All fines or moneys, 
from whatsoever source, received by the head 
of this bureau, shall be paid into the treasury 
of the city, except as otherwise specially pro- 
vided by law. 

Bureau for eulleetiou of arrears of 

personal taxes. 

Sec. 260. There shall be a bureau in the 
law department for the collection of arrears 
ot personal taxes, to be called the bureau 
for the collection of arrears of persona! 
taxes. The assistant corporation counsel 
assigned to this bureau shall give a bond to 
the city of New York, with one or more sure- 
ties, to be approved by controller and corpo- 
ration counsel, in the penal sum of ten thou- 
sand dollars, conditioned tor the faithfu’ per- 
formance of the duties ot the office and ttfe 
payment over ot all taxes collected by him, 
which shall be filed in the controller's office 
and he and his bondsman or bondsmen shall 
be responsible to the corporation therefor. 

Presentation of clalnia to be plradeil. 

Sec. 261. No action or special proceeding, 
for any cause whatever, shall be prosecuted 
or maintained against the city of New York, 
unless it shall appear by and as an allegation 
in the complaint or necessary moving papers 
that at least thirty days have elapsed since 
the demand, claim cr claims upon which such 
action or special proceeding is founded were 
presented to the controller of said city for ad- 
justment, and that he has neglected or re- 
fused to make an adjustment or payment 
thereof for thirty days %fter such present- 
ment. [If the plaintiff recovers judgment in 
his action or special proceeding he shall re- 
cover full taxable costs without Regard to the 
amount of the judgment.] 

Jurimtiftloii of aetlons nuniiiMt tlie 

I'lty. 

Sec. 262. .All actions wherein The City of 
New~York is made a party defendant shall be 


tried in that county within The City of New 
York in which the cause of action arose, or 
in the county of New York , subject to th e 
power of the court to change the place of 
trial in the case provided by law. [The 
supreme court shall have exclusive ju- 
risdiction over all actions or special pro- 
ceedings wherein The City ot New York is 
made a party defendant. And all such ac- 
tions shall be tried in that county wholly 
or partly embraced within the city ot 
New York in which the cause of ac- 
tion arose, cr in the county of New 
York, subjec; to the power of the court 
to change the place of trial in the eases pro- 
vided by law.] 

Service of iiroee.*is. 

Sec. 263. -All process and papers tor the 
commencement of actions and legal proceed- 
ings against the city of New York shall bo 
served either upon the mayor, the controller 
or the corperat-on counsel. 

iMNiiance of exeeiitiim. 

Sec. 2f4. No execution shall be issued >ipon 
any judgment recovered against the city o’ 
New Y'ork until after ten days’ notice in writ- 
ing, ot the recovery of such judgment shaJl 
have been given to the controller. 

BUIn of costs In conileninnllon 

C«*C<UllRK. 

Sec. 265. No bills of costs for fees_of com- 
missioners of estimate, c ompensation of 
clerks or assistants, or for other expenses in 
and about special proce e dings Instituted fo r 
the acquisition of the ti tle to lands required 
by The City of New York for public purposes, 
shall, unless the same be payab le by law from 
the fund f or street and park openings, b e 
taxed by the supreme court prior to the con- 
firmatiou of the report ofj.he_commissmnej;8 
of estimate appointed in such proceedings. 


CHAPTER VIII. 

POUCKUEP.A RTMEXT .V\l> HO ARIJ OP 
EbEfTlOXS. 

Tit'le 1. Police_department. 

Title 2. Board of elections. 

TITLE 1. 

rObICE DEr.VRTMEX’r. 

I’oHee c om 111 law loner [lioaril); Miilary. 

Sec. 270. The head of the poUce dep artment 
shall be called the police commissioner, who 
shall be appointed by the ma yor, a nd sha ll 
hold office as provided in ch apte r four of thi s 
act. The terms ot office of the members ot 
the police board, except the president thereof, 
appointed pursuant t o the pr.ovisions of the 
greater New York charter, sh all cease and de- 
termine on the first day of Janu ary, n in eteen 
hundred and two, and the president of the 
said police board s hall t hereupon become the 
polic e commissioner. The salary of said po- 

lice commissioner shall be. ten t housand do l- 
lars a year. The said police commissioner 
shall have power to appoint and at pleasure 
remove tw o deputies to b e known as first 

deputy , and second deputy . T he first deputy 

shall during the absence or disability o^the 
commissioner possess all the p owers and yier- 
form all the duties of (h e commis sio ner ex- 
cept liie power of maki ng appo^tment s. J[n 
the absence or disability of both the coinmis- 
sioner and the first deputy, the second deputy 


84 


THE CHARTER OF THE CITY OF NEW YORK. 


shall pos sess all the powers and perform all 
the duties of the commissioner, except the 
power of makin g appointments. The commis- 
sioner shall define the du ties of the deputies 
and m a y delegate to either of them any of 
his powers exc ept the power of making ap- 
pointments. The s alary of each of such depu- 
ties sh all be four thousand dollars a ye ar. 
[The head of the police department shall 
be called the police board. Said board 
shall consist of four persons, to be knowm as 
police commissioners of the city of New York. 
They shail be appointed by the mayor and 
shall hold their respective offices as provided 
in chapter IV of this act. No more than two 
of said commissioners shall, when either of 
them is appointed, belong to the same political 
party, or be of the same political opinion on 
state and national politics. The salary of each 
of said police commissioners shall be five 
thousand dollars a year.] 

Police co m ni l salon er [lioaril]; nntlior- 

Ity. [Iinrcaii of clcctiona.] 

Sec. 271. The said police commissioner 
[board] shall have cognizance and control 
of the government, administration, disposi- 
tion and discipline of the said police depart- 
ment [and it shall also have cognizance and 
control of the bureau of elections hereinafter 
mentioned, and said bureau of elections shall 
be a part of said police department.] 

111.; tu niiike and enforce riile.s and 

regralations. 

Sec. 272. The said police commissioner 
[board] shall make, adopt and enforce such 
rules, orders and regulations, and do all such 
other acts as may be reasonably necessary to 
effect a prompt and efficient exercise of all 
powers conferred by law, and the perform- 
ance of all duties imposed by law upon said 
co mmis sioner [board] or the said depart- 
ment, or upon any part of or person in said 
department. But said commissioner [board] 
shall do no act which is contrary to or incon- 
sistent with this act. 

Boards and ollices abolislied and forces 

consolidated. 

Sec. 273. Except as herein otherwise ex- 
pressly provided, the police department, the 
board of police and the offices of the p;llce 
commissioners of the city of New York, pro- 
vided for by the New York city consolidation 
act of 1882, and the acts amendatory thereof, 
the office of commissioner of police and ex- 
cise of the city of Brooklyn, the b;ard of po- 
lice commissicners for Long Island City and 
the board of commissioners of police for the 
county of Richmond are hereby abolished. 
The respective police forces and departments 
heretofore existing in the said cities and the 
said county, including the park police, of the 
mayor, aldermen and commonalty of the city 
of New York, and the park police of the city 
of Brooklyn, and the police force of the 
New' York and Brooklyn bridge are here- 
by consolidated into one department and 
force to be constituted, controlled and 
administered as provided in this chapter. 

Police department; power.** and 

authority transferred to. 

Sec. 274. -Vll the rights, powers, authority, 
duties and obligations immediately hereto- 
fore by law vested in or imposed upon the 
poliee departments, or either of the beards 
or commissioners mentioned in the last above 
section, shall forthwith by force of and as 
an effect of this chapter be transferred 
to and continue in the police department 
created by this act except in so far as the 
game shall be contrary to or inconsistent with 
the provisions of this chapter. 


All the rights, powers, authority, duties and 
obligations relative to, or connected with the 
appointment, control or cognizance of any 
police force immediately heretofore by law 
vested in or imposed upon the commission- 
ers of public parks in the city of New York, 
the department of parks of the city of Brook- 
lyn, and the board of trustees of the New York 
and Brooklyn bridge, shall forthwith, by force 
of, and as an effect of this chapter be trans- 
ferred to and continued in the police depart- 
ment created by this act, except in so far 
as the same shall bo contrary to or inconsist- 
ent with the provisions of this chapter. 

Property to vest In the City of New 

York ami he maiiase*! hy poliee dc- 

liartiueiit. 

Sec. 275. All money, funds and property, 
and all rights and title to anti Interest in, 
and possession of and control over and all 
rights to the use and possession of any mon- 
eys, funds or property, wnich when 'Ais act 
takes effect shall be vested in, held or exer- 
cised by the department, or either of the 
boards or commissioners mentioned in section 
273 of this act. or which stall then be applica- 
ble to, or used for the purposes of, or in the 
maintenance of, or in conneotion with the 
functions or duties of eiAer of the respective 
police forces appointed by the commissioners 
of public parks in the city of New York, the 
department of parks of the City of Brooklyn, 
or the said trustees of the New York and 
Brooklyn bridge, shall forthwith, by force of 
and as an effect of this chapter, be and become 
vested in the city of New' York, and the same 
shall be held, exercised, managed, controlled, 
used and applied by and under the direction of 
the police department created by this act until 
it is otherwise lawfully provided. No such 
money, funds or property shail however be 
used for or applied to any purpose different 
in kind from that for or to wfiich the same 
might theretofore have been lawfully used or 
applied until such different use or application 
shail first have been lawfully aiuhorized. 

Police force: comiiosltlon. 

Sec. 276. lAtil otherwise provided by the 
[municipal assembly] board of aldermen, 
upon the recommendation of the [police 
board.] mayor and the police commissioner, 
the police ■ force in the police department 
created by this chapter, shall consist of 
the following members, to wit; A chief 
of police; two [five] deputy chiefs of 
police: fourteen [ten] inspectors of po- 
lice: captains of police, not exceeding 
in number one to each fifty of the total num- 
ber of patrolmen, except in the rural portion 
of the city; sergeants of police, not exceed- 
ing four in number to each fifty of the total 
number of patrolmen; roundsmen not 
exceeding four in number to each fifty 
patrolmen; detective sergeants to the number 
authorized by law; the members of the tele- 
graph force as specified in section 277 of 
this act; doormen of police, not exceed- 
ing two In number to each fifty of the 
total number of patrolmen; surgeons of po- 
lice, not exceeding forty in number, one « f 
wAom shall be phief surgeon, and patr.o’.men 
to the nu.'nber of six thousand three hundred 
and eighty-two. The police commissioner 
shall appoint two deputy chiefs of police from 
among the fiv e deputy chiefs of police in of- 
fice. and the three deputy chiefs of police not 
so appointed who shall have been in said 
office prior to the first day of July, nineteen 
l|undred. shall become inspectors of police 
with the salaries of deputy chiefs and the 
r'ghts gr ante d to deputy chiefs in respect to 
the relief pensitn fund. 


1*1.; nieniliers of former forces In Xctv 
York city transferred. 

Sec. 277. The members of the police force 
of the city of New Ycrk. and the members 
of the police force appointed by the commis- 
! sicners of public parks in said city, as said 
I forces are provided for by sections 265 and 690 
i of the New Ycrk city consolidation act of 
1882, and by the statutes amendatory of and 
supplementary to said sections, who shall be 
.such members of said forces respectively 
when this act takes effect, shall be members 
of tho police force specified in section 276 of 
this act. The employes of the telegraph force 
of the police department, of the mayor, aider- 
men and commonalty of the city of New York 
who are in office when this act takes effect, 
shall take the same rank in the police force 
specified in section 276 of this act, as the tel- 
egraph force of the police department cf the 
City of Brooklyn has under existing laws; 
provided, however, that until otherwise or- 
dered by the police c ommissioner [board], 
the superintendent of telegraph of the police 
force of the mayor, aldermen and commonalty 
of The City of New York shall be superin- 
tendent of telegraph for the police force speci- 
fied in said section two hundred and seventy- 
six of this act; and the deputy superintendent 
of telegraph of the police force of said, the 
mayor, aldermen and commonalty of The 
City of New York, shall ’be deputy superin- 
tendent of telegraph in the central office in 
the Borough of Manhattan; and the superin- 
tendent of telegraph of the police force of the 
City of Brooklyn shall oc superintendent of 
police telegraph for the Borough of Brook- 
lyn. 

1*1.; iiieinbers of former forces In 
Brooklyn transfeiTctl. 

Sec. 278. The superintendent and deputy 
superintendent of police, and each inspector, 
captain, sergeant, detective sergeant, rounds- 
man, patrolman, door-man. bridge-keeper, 
police surgeon, superintendent of tele- 
graph and telegraph operator, who is, 
when this act takes effect, in, of, or at- 
tached to the police force of the city of 
Brooklyn, or the police force appointed by 
the department of parks of said city, or the 
police force appointed by the beard of trus- 
tees of the New York and Brooklyn bridge, 
pursuant to section 8 of chapter 300 of the 
laws of 1875, and the acts amendatory there- 
of or sapplemen :ary thereto, shall be mem- 
bers of the poliee force specified in section 
276 of this acL 

1*1.; members of former force la Lous 
Islauil City transferre*!. 

Sec. 279. The lawfully appointed captain, 
sergeant and patrolmen of the police force 
of Long Island City who shall be such when 
this chapter takes effect, shail be members 
of the police force specified in section 276 
of this act. 

1*1.; members of former force iu Rich- 
moiid county tran.sferre«l.- 

Sec. 280. The captain and each sergeant, 
roundsman and patrolman of the police force 
of the county of Richmond, or of any town 
or village in that part of the county of Queens 
included in the city of New York, as hereby 
constituted, shall be members of the police 
force specified in section 276 of this act. 

Police [bonrdi coiunii.ssioner; nothority 
over members transferred by preee*l- 
iiiu' sections; rank of transferred 
members. 

Sec. 281. The police [board] commissioner 
created by this act shall have the same pow- 
ers. control and authority over the mem- 
bers of the police force, transferred thereto 


THE CHARTER OP THE CITY OF NEW YORK 



by sections two hundred and seventy-seven, 
two hundred and seventy-eight, two hundred 
^nd seventy-nine and two hundred and eighty 
of this act. and over their tenure of such 
membership and removal therefrom, as the 
said [board 3 co mmission er shall have over 
the members of said force, appointed thereto 
by [said board] him. and especially, except 
as otherwise provided by this chapter, to fix 
and assign the rank, title, duties, powers and 
place of service of said transferred members. 
Until by said [board] commissioner other- 
wise provided the rank, title, duties, powers 
and place of service of said transferred mem- 
bers shall be the same as they were in the 
police force to which they belonged before 
this act took effect. 

I«l.: antliority over eiiiiiloyes of form- 
er hoards; dnties uiid salaries of sueh 
eniiiloycs. 

Sec. 282 .Ml clerks, matrons, secretaries, 
and other subordinates, assistants and em- 
ployes attached to or in the service of the 
department or either of the boards or com- 
missioners specified in section 273 of this 
act, until shall be otherwise provided by 
the police [board ] commissioner created by 
this act, shall perform like services and du- 
ties and receive therefor the same salaries 
or compensation as they performed and re- 
ceived re.spectively prior to this act taking 
effect. But such clerks, matrons, secretar- 
ies and other subordinates, assistants and 
employes, their services, duties, salaries and 
compensation, tenure of and removal from 
their positions or employment shall in all 
respects be subject to the control and author- 
ity of the police [board] commissioner 
created by this act. ' 

Id.: iiowcr to npitoiiit and remove 
memhrrs niid employes; Nalarie.<i nud 
Hues. 

Sec. 283. Subject to the powers by this act 
conferred on the board of estimate and ap- 
portionment and the [municipal assembly] 
boat'd of aldermen of The City of New York, 
and to such other provisions of this act as 
may limit their power in the premises, the 
police commissioner [board] created by this 
act shall have pow'er to appoint and remove 
as hereinafter provided the members of the 
police force specified in section two hundred 
and seventy-six of this act, and also such 
clerks, police matrons, secretaries, and other 
subordinates, assistants and employes, as 
may be reasonably necessary to the proper 
performance of the duties and execution of 
the powers and functions of the poiice de- 
partment created by this act, or of any of the 
component parts thereof, and to prescribe 
their respective ranks a^ duties [and com- 
pensation. The salary or compensation of 
any such members of the said police force 
as are specified in sections two hundred and 
seventy-seven, two hundred and seventy- 
eight. two hundred and seventy-nine and two 
hundred and eighty of this act, as the same 
is lawfully fixed at the time this chapter 
takes effect and Immediately prior thereto, 
shall not be decreased.] The salary or com- 
pensation of members of the police force 
shall be subject to all fines, penalties, for- 
feitures and deductions lawfuliy imposed for 
cause. 

I’ollce force: «nialifl<>iitions of 1110111- 
Iier.s. PuTiIisliins nainc.v and resi- 
dence of aiipUcants and aiipolnleest. 

Sec. 284. No person shall [ever] be ap- 
pointed or reappointed to membership in the 
police force or continue to hold membership 
therein, who is not a citizen of the United 
States, or who has ever been convicted of 


felony, or who cannot read and write under- 
standlugiy [in] the Bngiish language, or 
who shall not have resided within the state 
one year next preceding his appointment, 
but skilled officers of experience may be 
appointed for detective duty who have not 
resided as herein required. No person shall 
be appointed patrolman who shall be at the 
date of [such] appointment over thirty 
years of age; and no [nor shall any] person 
who shall have been a member of the force 
and shall have fhave resigned or have] been 
dismissed therefrom, shall be reappointed, 
[except upon the concurring vote of all the 
members comprising the board to be taken 
by ayes and noes, and recorded in the min- 
utes. ] The name, residence and occupation 
of each applicant for appointment or re- 
appointment to any position in the police de- 
partment, as well as the name, residence 
and occupation of each person appointed to 
any position, shall be published, and such 
publication shall, in every instance, be made, 
on the Saturday next preceding such applica- 
tion, or appointment, in the City Record. 

Itl.; vTnrriiiit of a|>i»oiiitii)eiit; oath. 

Sec. 285. Every membar of the police force 
shall have issued to him, by th? police depart- 
ment, a proper warrant of appointment, sign- 
ed by the police c ommiss ioner [president of 
the police board] and chief clerk or first dep- 
uty clerk of said department or of the police 
commissioner [board], which warrant shall 
contain the date of [his] appointment and 
[his] rank. Each member of the police, 
force shall, before entering upon the duties 
of his office, tako an oath of office aud sub- 
scribe the same before any officer of the po- 
lice department who is empowered to admin- 
ister an oath. 

Id.; |>romotioii!<. 

Sec. 288. Promotions of officers and mem- 
bers of the police force shall be made by the 
police commissioner [board], as provided in 
section [three hundred and four] one hun- 
dred and twenty-four of this act, on 
[grounds] the basis of seniority, meritori- 
ous police service and superior capacity, ^ 
shown by competitive examination. Individ- 
ual acts of personal bravery may bo treated 
as an element of merit orious service in such 
examination, the relative rating therefore to 
be fixed by the municipal civil servic e com- 
mission. The police commissioner shall trans- 
mit to the municipal civil service co mmission 
in advance of such examination, the complete 
record of each candidate for promotion [ ; 
and shail be as follows: Sergeants of police 
shall be selected from among patrolmen as- 
signed to duty as roundsmen, as provided in 
section two hundred and ninety-two of this 
act; captains from among the sergeants; in- 
spectors from among captains; deputy chiefs 
of police from among inspectors and captains 
and chief of police from among deputy chiefs, 
inspectors and captains, but]. No promo- 
tion shali be made, except in the case of a 
vacancy in the office of chief of police, unless 
the same is recommended by the chief of po- 
lice in writing, stating his reasons for such 
recommendation. In case of the rejection of 
any recommendation for promotion, the 
chief of police shall submit another within 
three days, and shall continue so to do until 
the vacancy is filled. Rou ndsm en shall be 
s elected from among pat rolm en of the fir st 
grade, but roundsmau inaj^lm reduced to the 
grade of pat rolm e n al any time by the p olice 
commissioner afi^ d ue >rial upon charges 
the determination of which may be reviewed I 


by wr it of certiorari. Sergeants of p olice 
sh all be se lected from among roundsmen 
who sh all have served at least two years 
continuously as s uch. Capta ins shall be se- 
lected from among sergeants who shall have 
served at least th ree years as such. Inspect- 
ors shall be se lected from among captains 
who shall have served at least two years as 
such. D eputy chiefs of police shall be se- 
lected from among insp ectors who shall have 
serv ed at least three years as such. The 
eh^ef of police shall be appointed by the po- 
licp co m missioner an d, if selected from the 
uniformed force , he shall be appointed from 
among t he deputy chiefs of police or inspect- 
ors who shall h ave served at least five years 
as such inspector. 

Id.: increase of. 

Sec. 289. The police commissioner [board] 
is authorized to increase the police force b.v 
adding to the number of patrolmen from 
time to time, provided the board of estimate 
and apportionment and the [municipal as- 
sembly] b oard of al derm en shall have pre- 
viously made an apropriation for that ex- 
press purpose, such increase not to exceed 
one hundred and fifty in any one year. The 
board of estimate and apportionment and 
the [municipal asembly] board of a ldermen 
may include in the annual budget from year 
to year, and the controller shall certify, as 
required by law, to the [municipal assem- 
bly] ^oardofaldermen and the [municipal 
assembly] board of aldermen shall include 
in the annual tax levy an amount sufficient 
to provide for the compensation of the addi- 
tional patrolmen authorized to be appointed 
pursuant to the provisions of this section. 

1 « 1 .; Ueiitrul olilce bureau of cletcctivCM. 

Sec. 290. The police commissioner [board] 
shall maintain a bureau which shall be called 
the central office bureau of detectves, and 
shall select and appoint to perform detective 
duty therein, from the patrolm en or rounds- 
men as many detectives, in addition to those 
selected and appointed to perform detective 
duty prior to the first day of Oct ober, nine- 
teen hundred, who may be acting as detective 
sergeants on the first day of January, nine- 
teen hundred and two (who are hereby con- 
tinued in their respective offices), as the said 
commissioner may, fr om time to time, deter- 
mine to be necessary to make that bureau 
efficient. Said detectives shall be known uu- 

< t 

der aud by the name of detective sergeants, 
and shall hold the same rank and draw; the 
same pay as other sergeants of police and 
shall be eligible for promotion in the entire 
police force in the city, under the same rules 
and conditions app licable to the promotion 
of all other sergeants of police in said city. 
and Shalt n ot be reduced in rank or salary 
except in the manner provided b.v law for 
sergeants an d other officers of the police 
force, [as many patrolmen as said board 
may, from time to time, determine to be nec- 
esary to make that bureau efficient. The 
patrolmen so selected aud appointed shall be 
called detective sergeants, and shall be as- 
signed to duty in that bureau, and while per- 
forming such detective duly shall be, vested 
with the same authority and be entitled to 
receive and be paid the same salary as ser- 
geants of police under this chapter; Imt the 
l)ol!ce board may by order, reduce to the 
grade of pal rolmr.u. aud transtcr su.h de- 
tective sergeants or any of them to pirtorm 


3B 


THE CHARTER OF THE CITY OF NEW YORK. 


patrol or other police duty, and when so 
transferred they shall only be entitled to re- 
ceive and be paid the same rate of compen- 
sation as ordinary patrolmen of the police 
force under this chapter.] Nothing in this 
section shall be construed to authorize the 
police [board] commissioner to appoint any 
additional patrolmen in place of said deiec- \ 
tive sergeants. [The headqtiarters of said 
central office bureau of detectives shall be at 
the police headquarters in the borough of ! 
Manhattan, and a branch office lliereof shall j 
be maintained at the police headquarters in 
the borough of Brooklyn, and other branch 
offices thereof may be maintained at the po- 
lice headquarters in each of the other bor- 
oughs into which The City of New York is 
divided by this act.] 

No member of department to be inter" 

estcti in other ollloc. 

See. 29 j. Any police commissioner, or any 
member of the police force, who shall, after 
qualifying In ofiice, accept any additional 
place of public trust- or civil emolument, or 
who shall during his term of office be publicly 
nominated for any office elective by the peo- 
ple, and shall not. within ten days succeeding 
the same, publicly decline the said nomina- 
tion, shall be in either case deemed there- 
b> to have resigned his commission and to 
have vacated his office, and all votes cast at 
any election for any person holding the office 
of police cemmissioner, nr within thirty days 
after be snail have resigned such office, shall 
be void. ' 

Chief of police; diiticK mill ]>owei*K. 

Sec. 292. The chief of police shall be the 
chief executive officer of the police force. He 
^hall be chargeable with and responsible for 
the execution of all laws and the rules and 
regulations of the department. He shall as- 
sign to duty the officers and menibers of the 
police force, and shall have power to change 
such assignments from time to time whenever, 
In his judgment, the exigencies of the service 
may require such change, [provided, how- 
ever, that permanent assignments of patrol- 
men to duty as roundsmen shall be made by 
the police board on the recommenda- 
tion of the chief of police, and in 
case of the rejection of any such assign- 
ment recommended by the chief of police, he 
shall wdthin three days submit another name 
and continue so to do until a permanent as- 
signment is made.] He shall have power 
to suspend without pay, pending the trial 
of charges, any member of the police force; 
provided, however, tha-t no such suspension 
?hdll be continued for a period of more than 
ten days without affirmative action to that ef- 
fect by the police commissioner [board]. If 
any member of the police force so suspended 
shall not be convicted by the police com- 
miss ione r [board] of the charges so pre- 
ferred . he shall be entitled io full pay from 
the date of suspension, notwithstanding the 
charges and suspension. Said chief of police 
may grant leaves of absence to members of 
the force for a period not exceeding nve j 
days. He shall report to the police coramis- 5 
^loner [board] all changes or assignment!! j 
of officers and all leaves of absence graulsd. 

l€].; absence or cliKnbilii.^ oi. 

Sec. 293. In case of the absence or di'sability 
of the chief of police, either deputy chief cf 
police designated by him shall discharge all 
the duties of the chief of p olice [a deputy 
chief of police designated by the police board, 
or in case no deputy chief is so designated, 
then a deputy chief of police, designated by 
the chief of police shall discharge all the du- 
ties of chief of police;] or in case each dep- 1 


uty chief of police be absent or disabled, or, j rules and regulations established by said 
for any good cause, is not available for such . commissioner- [board or any or ..either 


designation, then the duties of chief of po- j 
lice shall be performed by one of the in- ' 
specters of police to be designated by the ' 
police commissioner [board]. 

l^olice surgooiijs. l>iities ami illslriets. 

Sec. 294. The duties of the police surgeons 
and the extent and bounds of their districts j 
shall be assigned, from time to time, by the 
rules and regulation of the police com^is- j 
sioner [board]. The police commissioner 
[board] may, if requested by the department 
of health, [employ their] designate police 
surgeons to aid the sanitary inspectors in the 
discharge of their duties, under such regula- 
tions and orders as the police commissioner | 
[board] may maite and issue. \ 

i 

[1*1.: Coii(r<>llcr <0 pay! of | 

salai*i€*^K and rtllscluirgfc] ol»lig'ntioi7i« i 

of de|>ai'<nici«t. 

Sec. 297. [The police board through its 
•treasurer, and in pursuance of orders, rules 
and regulations of the police board.] The 
coni roHer shall pay all salaries and wages to 
officers and members of the police depart- 
ment and force, as established by and in 
pursuance of law', and all bills, claims and 
obligations lawfully incurred by or by au- 
thority of said police department [;] in the 
same m anner as salaries and wages and bills, 
■ claims and obligations of other departments 
are p aid. But the controller shall pay over 
and adv ance from time to time to the police 
commissioner su ch p ortions of the approprT- 
ation made to i he police department for con- 
ting ent expenses, no t exce e^rng ten thou- 

s and dollars at an y one time, for which req^ 
uisition may be made by said police commis- 
sioner . The p olice commissioner shall traus- 
mit t o the depa rtment of finance the original 
vouchers fo r the payme nt of all sums 
money disbursed b y him on account of such 
contin gent ex penses, and no greater sum 
th.an ten thousan d dollars in excess of the 
amount duly accounted for by said vour-hers 
shall be advanced to said police commis- 


s ioner at an y o ne t ime. The police commis- 
sioner shall give a bo nd of ten thousand d^ 
lars. with two sufficient sureties, to be aiv 


proved bv the controller, for th® faithful oer- 
formance of the duties imposed and privi- 


legps confer red unon him by this section. 

[and the controller shall pay over to the treas- 
urer of the police board on the requisition of 
the police board, the total amount annually 
estimated, levied, raised, and appropriated for 
the suppfwt and maintenance of the police 
department and force, from time to time, 
and in such sums as shall be required fnot 
exceeding one-twelfth part of said total an- 
nual amount in any one month), and the 
treasurer of the police hoard, if required by the 
controller, shall transmit to the department of 
finance, each month, duplicate vouchers for 
the payment of all sums of money made on 
account of the police department during each 
month.] The police, [board] commissioner 
shall procure and pay for all printing, books, 
blanks, paper, and other articles of station- 
ery required for the administration and bus- 
iness of the department and each bureau 
thereof. 

Id.; copy «if niiniitcK Mlien e^ itleuce. 

Sec. 298. A copy of the minutes of the po- 
lice co mmissioner [board] or of any part of 
said minutes, or of any order or resolution 
of said commissioner [board], or of the 


them], when certified by the police com mit? 
sioner [president of said board and] or the 
chief clerk, of first deputy clerk [of said 
board or] of said police departroent, may be 
given in evidence upon any trial, investiga- 
tion. hearing or proceeding in any court, or 
before any tribunal, commissioner or com- 
missioners, or board, with the same force 
and effect as the original. 

.Salaries of officers and members of the 

force. 

Sec. 299. [Fxcept as otherwise provided in 
sections 283 and 290 of this act.] The annual 
salaries and compensation of the officers and 
members of the police force shall be as fol- 
low' 13 , to wit: Of the chief of police, six thou- 
sand dollars; cf each deputy chief of police, 
five thousand dollars; of each inspector of 
police, three thousand five hundred dollars; of 
each captain of police, two thousand seven 
hundred and fifty dollars; of each police sur- 
geon, three thousand dollars; of each sergeant 
of police, including detective serge ants, two 
thousand dollars; of each doorman, one 
thousand dollars; 01 each roundsman, one 
thousand five hundred dollars; and the 
grade and pay or compensation of patrol- 
men or policemen shall be as follows, to wit: 
All such members who are patrolmen and 
w'ho shall have served five years or upw’ard ou 
said force, shall be members of the first grade. 
All such members who shall have served ou 
such force for leea than five year.®, and more 
chan four yeai*s and .six months, shall be mem- 
bers of the second grade. AH such members 
who shall have served on such force for less 
than four years and six months, and more than 
four- years, shall be members of the third 
grade. All such members who shall have 
served on such force for less than four years 
and more than three years, shall be members 
of the fourth grade. All such members who 
shall have served ou such force for less than 
three years and more than two years, shall 
bo members cf ihe fifth grade. All such mem- 
bers w'ho shall have served cn such force for 
less than tw’o years and more than one year, 
shall be members of the sixth grade. And 
all persons appointed patrolr'^n cn or after 
the first day of January, eighteen hundred and 
ninety-eight, shall be members of the seventh 
grade. Wheaever any member cf the .seventh 
grade shall have done service therein for one 
year, he shall be advanced to the sixth grade. 
Whenever any member of the sixth grade shall 
have done service therein for one year, he 
shall be advanced to the fifth grade. When- 
ever any member of the fifth grade shall have 
done service therein for one year, he shall 
be advanced to the fourth grade. Whenever 
any member of the fourth grade shall have 
done service therein for one year, he shall be 
advanced to the third grade. Whenever any 
member of the third grade shall have done 
service therein for si.x months, he shall be 
advanced to the second grade. And any mem- 
ber cf said force who shall have served si.x 
months in the second grade, shall become a 
member of the first grade. But no such patrol- 
man shall bo so advanced as aforo^aid, except 
after e.xamination and approval by the police 
[board] commissioner of his record, ef- 
ficiency and conduct. The annual pay 
or compensation of the members of 
the police force who are patrolmen, a.s 
aforesaid, shall be as follows: For members 
of the first grade, at the rate cf not less 
than one thousand four hundred doKars each; 
for members of the secend grade, at the 
rate of not less than one thousand three hun- 
dred and fifty dollars each; for members ..of 
the third grade, at the rate of not le«s chaa 


THE CHARTER OE THE CITV OP NH':W YORK, 


t'n'o niiiidred and fifty dollars | iJoaid], upon such reasocable notice to the 

meinher or members charged, and in such 


eaeh; for members a’ the fourth grade, at the 


rate of no*, less- tha.n one thousand one hun- 
dred and fifty dollars each; for members of 


manner of procedure, practice, examination 
and investigation as the said commissioner 


the fifth sracle at the rate of net less than j [board] may, hy rules and regulations, from 
one thousand dollars each; for membeis of 
the sixth grade, at the rate of not loss than 
nine hundred dollars each; for members of 
the seventh grade, at the rate of not less 
than eight liundred dollars each. The pay or 
compensation aforesaid shall bo paid monthly 


time to time prescribe. The trial of any 
membe r of th e police force upon charges 
shall be held in the borough within which 
the aocusetl member was serving at the time 


the charge was preferred. .Vny member of 
to each person entitled thereto, subject to i R'-e police force who may hereafter become 
such deductions for or on account of lost j insane or of unsound mind, so as to be un- 
time, sickness, disability, absence, fines or I able or unfit to perform full police service or 
forfeitures, as the police department may, by I duty, may be removed and dismissed from 
rules and regulations, frem time to time pre- i the police force b.y the commissioner. 


[board]. The chief of police may be re- 
moved ; but only upon due trial and convic- 
tion hy the mayor on the charges preferred. 


scribe or adopt. 

Nothin- in this sefticu contained shall be 
construe ; to change in any way the salaries 

or grading, pi ©sent or prospective, of the i ■ ... 

patrolmen or po. icemen who are or become i — — — 

members of the New York police force prior ' 

to .January first, eighteen hundred and nine- ! any dep uty chief; but the retiremeu-. 

ty-eight. j u nder this provision, of a chief of police wlio 

.Ml other patrolmen or policemen of the va- 1 was not at llie time of his appointment a 
rious po.ice forces consolidated into a single ' member of the uniformed force, shail not en 
force by the provisions of this act, shall be- | title him <o receive any compensatton by 

wiiv of r>"n sion. or otherwise from the city 
his ret irement. [Such rules aud regu- 
lations shall, as nearly as may be. providc 
that where a charge is preferred against 


long, so far as pay or compensaiioi; is con- 
cerned, to the grade 'ndicated by the pay or 
compensation which they, are respectively re- 
ceiving cii January first, eigheson hundred and 
ninety-eight. But nothing in this section con- 


tained .shall bo construed to affect in any j meinoer of the police lorce, the invesLi- 


other way the rights and privileges secured 
under cho provisions of thi4 act to the mem- 
bers of the var-ous police forces consolidated 
into a single force by this act. 

The date for the eligibility of any member 
of the forces transferred to the consolidated 
force by sections 27T, 27S. 270 and 280 of this 
act for advancement to the next grade, shall 


gallon of such charge and the taking of tes- 
timony with reference thereto shall be at 
police headquarters in the borough within 
Avhich the accused member was serving at 
the time (he cliarge was preferred. In all 
cases where the offense charged is punish- 
able by fine, the case may be fully and finally 
disposed of by one commissioner. Any meiv- 


he ihe day of the year on which he was orig- I police force who may hereafter 


be.'omc insane or of unsound mind, so as to 
be unable or unfit to perform full police ser- 
vice or duly, may be removed and dismissed 
from the police force by the board. The po- 
lice board may. by a unanimous vote of the 
board, or by a vote of a ma.jority of. its mem- 
bers with the approval of the mayor, retire 
the chief of police or any deputy chief,] 

I’«ilicc comiiilNMioiiov, etc., iniiy Ihnuc 
K ii l>|tciiii ; v\ li<> iiinj' ailiiiiiiiKtcr oafli. 

Sec. .801. [Either of] The police commis- 
sioner [s] and hi s de puties shall have power 
to issue siibpsnas; attested in the name of 
the [president of the] police [board] c om- 
mi.ssioner, and to exact and compel obedience 
to any order, subpena or mandate issued 
by them, aud to that end may instiatte and 
prosecute any proceedings or action author- 
ized by law in such case. [Tbey] or 

either of his deputies [them] may in proper 
cases issue subpeuas duces tecum. Such po- 
lice commissioner [said board] may devise, 
make aud issue process and forms of pro- 
ceedings to carry into effect any powers or 

L, j„rig(}i(,iion possessed by him [them], 

of [he po ice department aud police force _ , — . — r 

... , rr.-i [Each of] The police commissioner [s]. the 

chief of police, each deputy chief of police, 
the chief clerk and first deputy clerk of said 
[police board or] police department are 
licreby authorized and empowered to admin- 
ister oaths aud affirmations in the usual or 
appropriate forms, to any person in any mat- 
ter or proceedings authorized as aforesaid, 
and in ail matters perUining to the police 
department or the duties of any officer or 
other per.son in matters of or connected with 
said department, and to admiuister oaths of 
office which may be taken or required in the 
administration of affairs of said department, 
and to take and administer oaths and affirma- 
tions, in the iKual or appropriate forms, in 
taking any affidavit or deposition which may 


iually appointed to the force from which he 
was transferred; and any member of the 
forces so transferred not a member of the 
New York police force prior to January first, 
eighteen hundred .and ninety-eight, whose 
.salary falls between Lv.’o grades, shall receive 
the salary of and he assigned to the grade 
ne.xt above the salary he is receiving at the 
time of transfer. 

Salaries of all officers in the forces so trans- 
ferred, other than officers in the New York 
police prior to January 1, 1898, shall be equal- 
ized on the same basis. If the difference in 
pay is not more than $50 the pay shall be equal- 
ized at once. If the difference is more than 
$50 the pay shall be made uniform within three 
years by equa! annual additions. 

J’olioe ooininissioner Ibonrtll; rules. 

etc., for governiiient iiiiil iliKei pi i tie of 

police lie part me lit nml poliee foreej 

trials, il iNiu isHiilM. 

Sec. 300. The poliee commissioner [board] 
is authorized to make, adopt and enforce 
rules, orders and regulations for the govern- 
ment, discipline, administration and disposi 
tion 

and the members thereof. _He [It] shall 
have power aud is authorized to adopt rules 
and regulations for the examination, hear- 
ing, investigation and determination of 
charges made or preferred against any mem- 
ber or members of the said police force, 
except The chief of police, but no member 
or members of the police forJe except as 
otherwise provided in this chapter shall be 
fined, reprimanded, removed, suspended or 
dismissed from the police force until written 
charges shall have been made or preferred 
against him or them, nor until such charges 
have been examined, heard and investigated 
before the police commissioner or one of his 
deputies [one or more members of said 


37 


be necessary or required by law or by any 
order, nile, or regulation of the police coni- 
niissioner [board] for or in conned ion with 
the official ji urposes, affairs, powers, dutie.s 
or pro.-eedings of said poliee department, or 
of said police [board, or of any police] 
commissioner, or member of the police force, 
or any official purpose lawfully authorized by 
said c omm issioner [board], .\ny person 
making a complaint ihat a fslony or misde- 
meanor has been committed may be required 
to make oath or affirmation thereto, and for 
this purpose a police commissioner, the chief 
of police, the deputy chiefs of police, the 
chief olerk, or deputy clerks of the police de- 
partment [or police board], the inspectors, 
captain, and sergeants of police shall have 
power to administer oaths and affirmations. 


Poliee [Itoiird] eoiti lu iK.sioiiei*; iiiiiiisli- 
iiieitlN Ii.v; H 111 i til t ioiiN of Kiiits for re- 
i us(:i (eiiieii t s. cte. 


Sec. 302. The police commissioner [board] 
shall hrt.e power, in ins [its] discretion, on 
conviction by him [‘i] or by any court or 
officer of competent jurisdiction, of a 
member o.* the force of any iriminal 
offense, or neglect of duty, violation of 
I rules, or ncgieci or disobedience of or- 
ders, or absence without leave, or any conduct 
injurious to the public peace or welfare, or 
Immoral conduct, or conduct unbecoming an 
officer, or any breach of discipline, to punish 
the offending party hy reprimand, forfeltin.g 
and withholding pay for a specified time, siis- 
i pension, without pay during such suspension, or 
by dismissal from the force; but no more than 
thirty days’ pay or salary shall be forfeited or 
deducted for any offense. .Ml such forfeitures 
shall be paid forthwith to the treasurer of the 
department to the account of the police pen- 
sion fund. The police commissioner 
[board] is also authorized and empowered 
in his [its] discretion, to deduct and 
withhold pay, salary or compensation from 
any member or members of the police force, for 
or on account of absence for any cause 
without leave, lost time, sickness or other 
• disability, physical or mental; provided, how- 

I ' ever, that the pay, salary, or compensation so 
deducted and withheld shall not, except in 
case of absence without leave, exceed one-half 
thereof for the period of such absence, any 
act or !aw to the contrary notwithstanding; 
aud said police commissioner [board] is au- 
thorized and empowered from time to time 
to make and prescribe rules and regulations 
to carry into effect and enforce the provi- 
sions of this section. No action, suit or 
proceding, either at law or in equity, shall 
be commenced or maintained against the po- 
lice department, or any member thereof, or 
against the police commissioner, or against 
the- mayor [board, police commissioner or 
either of them], or against The City of New 
York by any member or officer, of former 
member or officer of or belonging to the po- 
lice force or pepartment of said city to re- 
cover or compel the payment of any salary, 
pay. money or compensation for or on ac- 
count of any service or duty, or to recover 
any salary, compensation or moneys, or any 
part thereof forfeited, detliicted or withheld 
for any caace Ef*' to res/tore or reinstate to 
the police force or department anv insin- 
ber or officer thereof] unless such aetto- 
suit, or proceeding shall be commenced with- 
in two years after the cause of action shall 
have zeerued; provided that causes of actiovt 
or proceedings which shall have heretofore 
accrued may be begun or brought within six 
years after the same shall have accrued aud 
within two years after the passage of this act; 
but nothing in this section contai/.ieil shgli ha 


38 


THE CHARTER OF THE CITY OF NEW YORK. 


construed or held to extend the time in which 
causes of action or proceedings which shall 
have heretofore accrued mus-i. be brought, 
usd no proceeding shall be brought to pro- 
cure the restoration or reinstatement to said 
p olice fo rce o r department of any member 
or o fficer thereof, unless such preceding 
shall be instituted wi thin four months after 
the decisio n or order sought to be re- 
vlewed. Said proce eding when so brought 

shall be placed upon the calend ar by the 

party instituti n g the sa me, for hearing, for 
a term of the court not later than the second 
term after the fi ling of the answer or re- 
turn in said preced ing, and of service of no- 
tic e of said fitog upon the party instituting 
said preced ing. And in the event of the 
failure of t he party Instituting the said pro- 
ceeding to place the said proceeding upon the 
said ca lendar, then the s aid proceeding shaU 
be dlsmised for want of prosecution upon 
aplicatlon to that effe ct by the corporation 
counsel, unless the court for good and suffi- 
cient ca use sh all otherwise order. 

Police forces resignutions and ab^ 

senees on leave. 

Sec. 303. No member of the police force, 
under penalty of forfeiting the salary or puy 
which tnuy be due tiim, shall withdraw or re- 
sign, except by permission of the po- 
lice commiss ione r [board]. Absence with- 
out leave of any member of the police 
force for five consecutive days shall be 
deemed and held to be a resignation, and the 
member so absent shall, at the expinaclon of 
said period cease to be a member of the police 
force and be dismissed iberefrom without no- 
tice. No leave of absence exceeding twenty 
days in any one year shall hereafter be grant- 
ed or allowed to any member of the police 
force, except upon the condition that sucti 
member shall waive and release not less than 
one-half of ail seiury, pay or compensation 
and claim thereto [or any part thereof] 
during such absence. 

Police eoiiiiiiiHsioner [board]: rewards 

to inforniers. 

Sec. 305. The police commissioner [board] 
shall have authority to offer rewards 
to Induce all classes of persons to 
give Information which shall lead to 
the detection, arrest and conviction of 
persons guilty of homicide, arson or re- 
ceiving stolen goods, knowing them to be 
•tolen; and to pay such rewards to such per- 
sons as shall give such information. But no 
•uch reward shall be offered unless there be 
an unexpended appropriation therefor made 
by the board of estimate and apportionment, 
which shall make the necessary appropria- 
tion for such purpose. 

Police force; K'rntuifics siod ]>oli(lcal 

<>ontribiitionM forbidden: limy- Ite per- 

niittcil to obtain rcwnr«lN. 

Sec. 306. No member of the police force or 
employe of the police department shall, under 
any pretense whatsoever, share in, for his own 
benefit, any present, fee, gift or emolument 
for police services, or for services of the police 
department or any member thereof, addi- 
tional to his regular salary, pay or compensa- 
tion. The police comm issioner [board] for 
meritorious and extraordinary services ren- 
dered by any member of the police force in 
due discharge of his duty, may permit such 
member of the police force to retain for his 
own benefit any reward or present, or some 
part thereof, tendered him therefor: and it 
shall be cause for removal from the police 
force for any member thereof to receive any i 
•uch reward or present without notice there- ' 


of to the police commissioner [board]. Upon 
receiving said notice, the police com missioner 
[board] may either order the said member 
to retain the same, or shall dispose of it 
for the benefit of the police pension fund. 
[No] N either the poli ce co m missioner no r 
aj^j^deputy commissioner nor any person in 
the police force shall be permitted to con- 
tribute any moneys, directly or indirectly, to 
any political fund, or to join or be or be- 
come a member of any political club or as- 
sociation intended to affect legislation for or 
on behalf of the police department or any 
member thereof, or to contribute any funds 
for such purpose. 

Id.; detail of policemen at iiolls. 

Sec. 307. It shall be the duty of the chief of 
police to detail, or to cause to be detailed 
on election day, at least two patrolmen at 
each election poll. It shall be the duty of the 
police force, or any member thereof, to pre- 
vent any booth, or box, or structure for the 
distribution of tickets at any election from 
being erected or maintained within one hun- 
dred and fifty feet of any polling place within 
the city, and summarily to remove any such 
booth, box or structure, or to close and prevent 
the use thereof. 

Id.; special patrolmen; when may he 

appointed: military nMNistanrr. 

Sec. 308. The police commissioner [board] 
may, upon emergency or apprehension 
of riot, tumult, mob, insurrection, pes- 
tilence or invasion, appoint as many 
special patrolmen without pay from 
among the citizens as it may deem de- 
sirable. The mayor, or, in case of his failure 
so to do, the governor may demand the as- 
sistance of the militia of the state within the 
city, or of any brigade, regiment or company 
thereof, by order in writing served upon the 
commanding officer of any brigade and such 
commanding officer shall obey such order. 
Special patrolmen, appointed in pursuance 
of law, may be dismissed by order of the 
police co mmission er [board]; and while 
acting as such special patrolmen shall pos- 
sess the powers, perform the duties, and 
be subject to the order and regulations of 
the police department in the same manner 
as regular patrolmen. Every such special 
patrolman shall wear a badge, to be pre- 
scribed and furnished by the police com- 
mission^ [board]. No transfer, detail 
or assignment to special duty of any 
member of the police force, except in cases 
authorized or required by law, shall here- 
after be made or continued, except tor police 
reasons and in the interests of police serv- 
ice; provided, however, that the chief of 
police may, whenever the exigencies of the 
case require it, make detail to special 
duty for a period not exceeding three days, 
at the expiration of which the member or 
members so detailed shall report for duty 
to the officer of the comamnd from which the 
detail was made. The police commissioner 
[board], when ever expedient, may on 
the application of any person or persons, 
corporation or corporations, showing the ne- 
cessity, therefor, [detail regular patrolmen 
of the police force, or] appoint and sw^ear any 
number of special patrolmen to do special 
duty at any place in the city of New York 
upon the person or persons, corporation or 
corporations by adiom the application shall 
be made, paying in advance such [regular 
or] special patrolmen for their services, and 
upon such [regular or] special patrolmen, in 
consideration of their appointment, signing 
an agreement in writing releasing and waiv- 
ing all claim whatever against the police de- 
partment and the city of New York for pay, 
salary or compensation for their services and 


for all expenses connected therewith: [regular 
patrolmen so detailed shall be paid at the 
same rate as provided for patrolmen in this 
act;] but the [regular or] special patrolmen 
so appointed shall be subject to the orders of 
the chief of police and shall obey the rules 
and regulations o,f the police department and 
conform to its general discipline and to such 
special regulations as may be made [and 
shall wear such dress or emblems as the 
department may direct] and shall during 
the term of their holding appointment pos- 
sess all the powers and discharge all the 
duties of the police force, applicable to regu- 
lar patrolmen. The special patrolmen appoint- 
ed may be removed at any time by the police 
commissioner [ board] without assigning cause 
therefor, and nothing in this section con- 
tained shall be construed to constitute such 
special patrolmen members of the police 
force, or to entitle them to the privilege of 
the regular members of the force, or to re- 
ceive any salary, pay, compensation or , 
moneys whatever from the said police de- 
partment or the city of New York, cr to 
share in the police pension fund. 

Police [boar«ll com miss loner; <1et;iil 

Iicrsons lo ntteiid conris. 

Sec. 309. It shall be the duty of the police 
commissioner [board] to cause some intel- 
ligent and experienced person connected with 
the police force to attend at the courts of 
the city in cases where there is need of such 
assistance, who shall to such extent as the 
rules of the board of magistrates may rea- 
sonably require, aid in bringing the facts be- 
fore the magistrates in proceedings pending 
in such police courts. 

Police departmeiit lo co-operatc witk 

flepartincnt of liealtli. 

Sec. 310. It shall be the duty of the 

police department (and its officers and 

men, as said police [board] conmiis- 
s ioner shall direct) to promptly advise 

the department of health of all threat- 
ened danger to human life and health, 

and of all matters thought to demand its 
attention, and to regularly report to said de- 
partment of health all violations of Us rules 
and ordinances, and of the health laws, and 
all useful sanitary information. Said de- 
partment shall, so far as practicable and ap- 
propriate, co-operate for the promotion of the 
public health and the safety of human life in 
said city. It shall be the duty of said police 
department, by and through its proper offi- 
cers, agents and men, to faithfully and at 
the proper time enforce and execute the sani- 
tary rules and regulations, and the orders of 
said department of health (made pursuant to 
the power of said department of health), upon 
the same being received in writing and duly 
au^thencicated as said department of health 
may direct. Said police department i' au- 
thorized to employ and use the appropriate 
persons and means, and to make the necessary 
expenditures for the execution and enforce- 
ment of said rules, orders, and regulations, 
and such expenditures, so far as the same 
may not be refunded or compensated by the 
means herein elsewhere provided, shall be 
paid as the other expenses of said department 
of health are paid. In and about the e.te- 
cution of any order of the department ct 
health, or of the police department made 
pursuant thereto, police officers and r 'lice- 
meu shall have as ample power and authority 
as when obeying any order of or law applicable 
to the police department, [or as if acting 
under a special warrant of a justice or judge, 
duly issued] ; but for their conduct they shall 
be responsible to the police department and 
not CO the department of health. The depart- 
ment of healtij may, with the consent of the 


THE CHARTER OF THE CITY OF NEW YORK 


39 


police department. Impose any portion of the 
duties of subordinates in said department 
upon subordinates in the police department. 

Police force? arrests for violntiuii of 

health Ians. 

Sec. 311. Any member of the police force 
may arrest without warrant any person who 
ehall, in view of sucn memoer, violate, or 
do. or be engaged in doing or committing in 
eald city, any act or thing forbidden by chap- 
ter XIX of this act, or by any law or by any. 
ordinance the authority to enact which is giv- 
en by this act or any other statute or who 
shall. In such presence, resist or be engaged 
in resisting the lawful enforcement of any 
such law or ordinance cr any oiliclal order 
made pursuant to any statute of this state. 
.\nd any person so arrested shall thereaftei 
be treated, disposed of and punished aa any 
other person duly arrested for a misdemean- 
or unless other provision is made for the case 
by law. 

111 .; ilctnll of oillccrK and men to aMNiat 

dcpnrtnicnt of health. 

Sec. 312. The police commissioner [board], 
upon the requisition of the board of 
health, shall detail to the service of 
the said department of health for the 
purpose of the enforcement of the pro- 
viei'.na of the i-unkary cede, and of the acts 
relating to tenement and lodging houses, not 
lese than fifty nor more than one hundred 
suitable officers and men of experience of at 
least five years’ service in the police force, 
[provided that the department of health shall 
pay monthly to the police departmoat a sum 
equal to the i>ay of all officers and men so 
detailed]. At least thirty of the officers and 
men so detailed shall be employed exclusively 
In the enforcement of the lawe relating to 
tenement and lodging houses. Those officers 
and men shall 'belong to the sanitary com- 
pany o'f police, and shall report to Uie board 
of health. The bc-ard of health may report 
hack to the police dopaT;meiit for punishment 
any member of said company guilty of any 
breach of order or discipline, or of neglect- 
ing his duty, and thereupon the police 
commissioner [board] shall detail another 
officer or man in his place, and the discipline 
of the said members of the sanitary com- 
pany shall be in the Jurisdiction of the police 
department, but at any time the board of 
health may object to any member of said 
sanitary company on the ground of ineffi- 
ciency, and thereupon another officer or man 
shall be detailed in his place. 

III.; detail of offleers and iiiea to a.ssiHt 

tlie deiiurtiiient of imblie park!*. V- 

Sec. 313. The police commissioner [boai-d], 
upon the requisition of [either of the com- 
missioners of parks] the park board shall 
from time to time detail to the service 
of the department of parks [in the borough or 
boroughs under lue charge of such commis- 
sioner], for the enforcement of the park or- 
dir antes and for tuc maintenauce of good or- 
der in the parks, so many suitable officers' 
and men as in the Judgment of the | 
police commis sioner [department] are nec- 
essary. ^Sucii officers and men shall 
continue to be in all respects an in- 
tegral part of the police force of the city and 
shall be paid cut of the funds appropriated 
for the support oi the police department. 
These ofllccrs and men shall constitute the 
park police so long as their detail lasts, and 
shall report to the park commissioner in 
charge of the parks in which they serve. Each 
commissioner of parks may report back to 
the police departiiicut for punishment any I 
member of said parK police force guilty of any | 
breach of orders or discipline, or of neglecting i 


his duty, and thereupon the police commis- 
sioner [department] may detail another of- 
ficer or man in his place; and the discipline 
of the said members of the park police shall 
be In the Jurisdiction of the police department, 
but at any time cither commissioner of parks 
may object to the inefficiency of any mem- 
ber of said park police serving in any park 
under his charge and thereupon another of- 
ficer or man may be detailed in his place. 

Id.; detail of ollleers and men to UHNlnt 

the deiturtnient of bi'iclj;;es. 

Sec. 314. The police commissioner [board], 
upon the requisition of the commissioner 
of bridges shall from time to time detail 
to the service of the department of bridges 
for the enforci'incnt of the ordinances reg- 
ulating travel over any of the bridges and 
for the maintenance of good order there- 
on. so many suitable ofiicers and men as in 
the Judgment of the police commissions 
[departmeiu] are necessary. Such officers and 
men shall continue to be in all respects an 
integral part of the police force of the city 
and shall be paid out of the funds appropri- 
ated fer the support of the police depar:- 
ment. These effleers and men shall consti- 
tute the bridge police so long as their de- 
tail lasts, and shall report to the commission- 
er of bridges. The commissioner of bridges 
may report back to the police commissioner 
[department] for punishment any mem- 
ber of said bridge police force guilty of any 
breach of order or discipline, or of neglecting 
his duty, and thereupon the police commis- 
sioner [department] may detail another 
officer or man in his place, and the discipline 
of the said members of the bridge police shall 
be In the Jurisdiction of the police depart- 
ment, but at any time the commissioner of 
bridges may object to the inefficiency of any 
member of said bridge police and thereupon 
another officer or man may be detailed in his 
place. 

I<1.; dalles of. 

Sec. 315. It is hereby m.^de the duty of the 
police department and force, at ail times of 
day a.id night, and the members of such 
force are hereby thereunto empowered to es^ 
pecialiy preserve the public peace, prevent 
crime, detect and arrest offenders, suppress 
riots, mobs and insurrections, disperse un- 
lawful cr dangerous assemblages and assem- 
blages NAaich obstruct the free passage of 
public streets, sidewalks, parks and places; 
protect the rights of persons and property, 
guard the public health, preserve order at 
elections and all public meetings and assem- 
blages; regulate the movement of teams and 
vehicles in streets, bridges, squares, parks 
and public places and remove all nuisances in 
the public streets, parks and highways; ar- 
rest all street mendicants and beggars, provide 
proper police attendance at fires, assist, ad- 
vise and protect emigrants, strangers and 
travelers in public streets, at steamboat and 
ship landings and at railroad stations; care- 
fully observe and inspect all places of public 
amusement, all places of business having ex- 
I else cr other licenses to carry on any busi- 
ness; all houses of ill fame or prostitution 
and houses where common prostitutes resort 
or reside; all lottery offices, policy shops and 
places where loetery tickets or lottery poli- 
cies are sold or offered for sale; all gambling 
houses, cock pits, rat pits and public common 
dance hou.ses, and to repress and restrain all 
unlawful and disorderly conduct or practices 
therein; enforce and prevent the violatio-n of 
all laws and ordinances in force in said city; 
and for these purposes to arrest all persons 
I guilty of violating any law or ordinance for 
■Che suppression or punishment of crimes or 
I offenses. 


1*1. ; aeiieriil nowors over eertaiu trades 

Sec. 31G. The chief of police and each deputy 
chief of police, and each inspector in his dis- 
trict, and each captain of police within his 
I precinct, shall possess powers of general po- 
j lice supervision and inspection over all ii- 
I censed or unlicensed pawnbrokers, venders, 

I Junk shop keepers. Junk bo.itmen, cartmen, 

I dealers in second hand merchandise, Intelll- 
genco office keepers and auctioneers within 
I the said city; and in the e.xerciso of 
I said supervision may from time t» 

! time empower members of the polica 

force to fulfill such special duties in theafore- 
•said promises as may be from titno to time 
ordained by ;he police board. The said chief 
of po.ice and each deputy chief of police, 

' and each inspector in his district and each 
; captain within his precinct may, by authority 
: in writing, empower any member of the po- 
I lico force, whenever such member shall be in 
I search of pi-operv,y feloniously obtained, or 
la search of suspected offenders, or evidence 
to convict any person charged v/ith crime, to 
examine the books of any pawnbroker or his 
business pireniises, or the business premises 
of any licen.'.-sd vender, or licensed Junk shop 
keeper, or dealer in second hand merchandise, 
cr inte.ligence office keeper, or auctioneer, or 
boat of any Junk boatman, [.vny such mem- 
ber of the police, when thereto authorized in 
I writing by the said chief shall be authorized] 

I Md to examine property alleged to be 
j pawned, pledged, deposited, lost or stolen, 

I in wbosoi-ver possession said property may 
: be; but no such property shall be taken from 
the possesor thereof without due process 
or authority of law. 

Id.; tuny oxumliio itntviibroUorH' books. 

Sec. 317. The chief of police, deputy chiefs 
of p. lice, inspectors of police and captains of 
I police and rersens acting by their, or by 
either of their orders, shall have power to 
examine the books of any pawnbroker, his 
c'.erk or clerks, if they deem it necessary, 

I when in search of stolen property, and any 
person having in his p. ssession a pawnbrok- 
er’s ticket shall, when acccrapanied by a po- 
liceman, or by an order from the chief of po- 
lice, cr a deputy chief of police, or an inspector 
of police, or a captain of police, be allowed 
to examine the property purporting to be 
pawned by said ticket, but no property shall be 
removed from the posse.'slon of any pawnbrok- 
er without the process of law required by the 
exi-sting laws cf this state, cr the laws and 
ordinances of the city regulating pawnbrek .rs. 
A refusal or neglect to comply in any respect 
with the provisions of this section, on the part 
of any pawnbroker, his cierk or clerks, shall 
be deemed a misdemeanor, and punishable ax 
such. 

Id.; xappre.sxion of giiiiiiiig- and other 

litiaxeM. 

Sec. 318. [If any member of the police force 
or] If any two or more householders shall 
report in writing, under his or theirsignature, 
to the chief of police or to a deputy chief of 
police, that there are good grounds (and stat- 
j ing the same) for believing ary house, room 
or premises within the said city to be kept 
or used as a common gambling bouse, com- 
j mon gaining room or cemmon gaming prem- 
I Ises, for therein playing for wagers of money 
I at any game of chance, or to be kept or used 
I for lewd and obscene purposes or amusements, 

I or the deposit cr sale cf lottery tickets or lot- 
tery policies, it shall be lawful for the chief of 
police or a deputy chief of police to authorize, 
in writing, any member or members of the 
police force to enter the eapie, who may forth- 
with arrest all persons there found offending 
I against law, but none others, attd seize ail 


40 


THE CHARTER OP THE CITY OP NEW YORK. 


Implements of gaming or lottery tickets or 
lottery policies, and convey any person so ar- 
re.sted before a magistrate and bring the ar- 
ticles so seized to the office of the prop('rty 
clerk. It shall be the duty of the said chief 
of police or deputy chief of police to cause 
such arrested person to be rigorously prose- 
cuted and such articles seized to be destroyed, 
as the orders, rules and regulations of the 
police commissioner [board] shall direct. 

Police [board! eoiaini^ioiier; to fnr- 
nish Htntion bouses, ete„ and tlx 

boundaries of jireeints; lieadquarters. 

Sec. S20. The police co mmissio ner [board] 
shall from time to time with the authority 
of the [municipal assembly] commissioners 
of the sinking fund, establish, provide and 
furnish stations and station houses, or sub- 
stations and sub-station houses, at least one 
to each precinct, for the accommodation 
thereat of members of the police force, and 
as places of temporary detention for persons 
arrested and property taken within the pre- 
cinct; and shall also provide and furnish 
such business accommodations, apparatus and 
articles, and provide for the care thereof, 
as shall be necessary for the department of 
police and the transaction of the business 
of the department. The said police [board] 
commissioner is hereby authorized and em- 
powered tu furnish horses and wagons, to 
be known as patrol wagons, w'hich said 
horses and wagons shall be under the cus- 
tody, control and care of said police depart- 
ment, for t' e exclusive use thereof. The 
board of estimate and apportionment and the 
[municipal assembly] board of aldermen 
are directed to appropriate a sufficient sum 
of money in each and every year, for the 
purpose of furnishing such horses, wagons 
and apparatus connected therewith, and the 
maintenance thereof, and for the other pur- 
poses authorized by this section. The num- 
ber and bot ndaries of the precincts shall be 
fixed by the i'-lice commissioner [board.] 
There [shall] may be one headquarters or 
central station, established and located by 
said police [board] commissioner in [each] 
any borough into which The City of New 
York is divided by this act. [A deputy 
chief of police shall be asigned to duty by 
the police board at police headquarters in the 
borough of Brooklyn, and, in the discretion 
of the police, board, a deputy chief of police 
may be as* ned to duty at police headquar- 
ters in each of the other boroughs.] The 
said police [board] commissioner shall ap- 
ply to and use for the purposes mentioned in 
this section, the property and premises 
■which shall come into [their] his possession, 
or under [their] h^ control, by virtue of 
section two hundred and seventy-five of this 
act, so far as suitable for the purpose in 
[their] his judgment, and available there- 
for. 

III.; to provide aceoinmodaTlon.<i for 

detention of -n-itnesses. 

Sec. 321. The police commissioner [board] 
shall, where not otherwise provided by law, 
and as authorized by the [municipal assem- 
bly] boart _ot_aldermen, provide suitable 
accommodations and supplies for the deten- 
tion of witnesses who are unable to furnish 
security for their appearance in criminal 
proceedings, other than children actually or 
apparently under the age of 16 years, to be 
called the house for the detention of witnesses, 
and such accommodation shall be in premises 
other than those employed for the conflne- 
menrof persons charged with crime, fraud 
or disorderly conduct. And it shall be the 
duty of all magistrates, when committing wit- 


nesses in default of bail, to commit them to 
such house for detention of witnesses. The 
board of estimate and apportionment and the 
[municipal assembly] board of aldermen 


shall in each and every year appropriate a 
sufficient sum of money to defray the ex- 
penses authorized by this section. .\nd said 
police [board] commissioner shall apply to 
and use for such purposes the propertv and 
premises which shall come into [their] his 
possession or under [their] his control by 
section two hundred and seventy- five of this 
act, so far as the same may be available, 
and, iu [their] his judgment, suitable there- 
for. 

III.; may ninintain ami operate fele- 
K'rapli ami teleplione lines, ami use 
same in assisting; ilepartiuent of 
healtli. 

Sec. 323. The police com missioner [board] 
shall have power to erect, operate, supply 
and maintain, under the general laws of the 
state relating to telegraphs, all such lines of 
telegranh and telephone to and between 
such places in the city as for the purposes 
( and business of the police the commissio ner 
[board] shall deem necessary. The police 
commissioner [board] may procure all in- 
struments, fixture-- property and materials 
for the purpose above mentioned, and con- 
trol the same, but the cost thereof shall be 
chargeable to general expen'--'- of police. 
The police commissioner [board] is hereby 
I permitted to use the said telegraph and tel- 
ephone lines to aid [it] him in facilitating 
the operations of the department of heaith, 
and when so used, the expense thereof shall 
be charged to the said department of health. 

Id.; may use boats; establlsU mounleil 
patrol, sell old property, etc. 

Sec. 324. In the performance of police serv- 
ice in any precinct or precincts, comprising 
waters of the harbor, the police commis- 
sioner "board] may procure and use and 
employ such rowboats, steamboats, and boats 
propelled by other power as shall be deemed 
necessary and proper. In rural or sparsely 
inhabited precincts_he [it] may establish a 
mounted patrol and procure and use and em- 
ploy so many horses and equipments as shall 
be requisite for the purpose; and [it] 
shall procure and cause to be used teams 
and vehicles to transport prisoners, supplies 
and property, whenever the use of teams 
and vehicles for such purposes shall be prop- 
er and tend to preserve the public peace and 
decency. The poiice commissioner [board] 
may sell and dispose of, in accordance with 
law, any personal property owned or used in 
the department, whenever such property 
shaii have become oid and unfit and shali 
not be required for service, and he [it] shall 
have authority to detail and employ patrol- 
men in any duty or service, other than patrol 
duty, which may be necessary and proper to 
enabie the department to exercise the powers 
and perform the duties and business imposed 
and required by law. 

Stolen property; property elerk; em- 
ployment of anil iluties. 

Sec. 331. The police commissioner [board] 
shall employ some person as clerk, who 
shall be designated property clerk, to 
take charge of all property alleged to be 
stolen or embezzled, and which may 
be brought into the police office, and all 
property taken from the person of a prisoner, 
and all property or money alleged or supposed 
■to (lave been feloniously obtained, or wtiicb 
shali be lost or abandoned, and which-shall be 
taken into the custody of any member of 'the 


police force or criminal court in th* 
city of New York, or which sliall 
come into “the custody cf any magistrate 
or officer, sliall be, by such member or magis- 
irace, or by order of said court, given into cbe 
custody of and kepit by the said property clerk. 
All such property and money shall be de- 
scribed and registered by said property clerk 
in a book kept for that purpose, which shall 
contain tlie name of the o-wner or claimant if 
ascertained, the place wtiere found, the name 
of -the person from whom taken, with the gen- 
eral eircums'cances, the date of Us receipt, the 
name of the officer recovering the same, a de- 
scription tliereof, the names of all claimants 
tbereco, and any final disposkion of such prop- 
erty or money. The said police commis- 
sion^ [board] may prescribe regulations 
in regard to the duties of the clerk so desig- 
nated, and require and take security for the 
faithful performance of the duties imposed 
by this section, but all animals strayed, lost 
or stolen, which shall come into the posses- 
sion of the said property clerk shall by him 
be transferred and sent to the public pound, 
in said city, anything herein contained to 
the contrary notwithstanding. 

of property to 


pemou ac- 


id.; return 

euseil. 

Sec. 332. Whenever property cr money taken 
from any person arrested stall be alleged to 
have been feloniously obtained, or to be the 
proceeds of crime, and brought, with all ascer- 
tained claimants thereof, and the person ar- 
rested, before some magistrate for adjudica- 
tion, and the magis-rrate shall be then and 
there satis'fled from evidence that t'ae person 
arrested is innocent of the offense alleged, and 
that the property rightfully belongs to bim, 
then said magis-trate may thereupon, in writ- 
ing order s-uch property cr money to be re- 
turned, and tbe property clerk, if he have it, 
to deliver such property cr money to the ac- 
cused person bimself, and not to any attorney, 
agent, cr clerk of said accused person. 

III.; claim to by another person. 

Sec. 333. If any claim to the ownershlo of 
such property or money shall be noade on 
oath before the magistrate, by or in behalf of 
any other persons than the person arrested, 
and the said accused person shall be held for 
trial or examination, such property or money 
shall remain in the custody of the property 
clerk until the discharge or conviction of the 
person accused and until lawfully dispesed of. 

Lnclalmed, lost, stolen, etc., property 

to be registered and advertised. 

Sec. 334. All property or money taken on 
suspicion of having been feloniously obtained, 
or of being the proceeds of crime, and fpr 
which there is no other claimant than the 
person from whom such property was taken, 
and all lest property coming into the pos- 
session of any member of the said police force, 
and all property and money taken from pawn- 
brokers as the proceeds of crime, or by any 
such member from persons supposed to be in- 
sane, intoxicated or otherwise incapable of 
taking care of themselves, shall be transmitted 
as soon as practicable to the property clerk 
to be registered and advertised in the City 
Record for the benefit of all persons interested, 
and for the information of the public, as to 
the amount and disposition of the property so 
taken into custody by the police. 

Id.; to be sold if unclaimed. 

See. 335. If the property stolen or em- 
bezzled be not claimed by the owner before 
the expiration of six months from the con- 
viction of a person for stealing or embezzling 
it, the officer having it in his custody must, 
on payment of the necessary expenses incur- 


41 


THE CHARTER OF THE CITY OF NEW YORK. 


red in its preservation, deliver the same to 
the property clerk. The property so deliver- 
ed to said property clerk, and all such other 
property, securities, moneys, things, or choses 
in action, that shall remain in the custody ot 
the property clerk for the period of sly months 
without any lawful claimant thereto, after 
having been advertised in the City Record for 
the period of ten days, may be sold at public 
auction in a suitable room to be designated 
for such purpose, and the proceeds of such 
sale shall be paid into the police pension 
fund. No property shall be delivered to the 
property clerk or at the central office of the 
police department, except as provided by law. 

Stolen property desired as evidence In 

criminal court. 

Sec. 336. If any property or money placed 
in the custody of the property clerk shall be 
desired as evidence in any police or other 
criminal court, such property shall be de- 
livered to any officer who shall present an 
order to that effect from such court. Such 
property, however, shall not be retained in 
said ccurt, but shall be returned to such 
property clerk to be disposed of according to 
the previous provisions of this chapter. 

Police force; arrests witliont T\ari-ant. 

Sec. 337. The several members of the police 
force shall have power and authority to im- 
mediately arrest, without warrant, and to 
take into custody, any person who shall com- 
mit or threaten or attempt to commit, in the 
presence of such member, or within his view, 
any breach of the peace or offense directly 
prohibited by act of the legislature, or by any 
ordinance made by lawful authority. The 
members of the police force shall possess in 
the city of New York and in every part ot this 
state, all the common law and statutory 
powers ot constables, except for the service 
of civil process, and any warrant for search 
or arrest issued b> any magistrate of this 
state may be executed, in any part thereof, 
by any member ot the police force, and all 
the provisions of sections 7, 8 and 9 of chap- 
ter 2, title 2, part 4 of the revised statutes 
in relation to the giving and taking of bail 
shall apply to this chapter. 

III.; returns of arrests: neenseil to be 

taUen before luag'istrate. 

Sec. 33S. In every ease of arrest by any 
member of the police force, the same shall 
be made known immediately to the superior 
on duty in the precinct wherein the arrest 
was made by the person making the same; 
and it shall be the duty ot the said superior, 
within twenty-four hours after such notice, 
to make written return thereof, according to 
the rules and regulations of the police depart- 
ment. with the name of the party arrested, 
the alleged offense, the time and place ot ar- 
rest and the place of detention. Each mem- 
ber of the police force, under the penalty ot 
ten days’ fine, or dismissal from the force, 
at the discretion of the police [board] 
commissioner shall, Immediately upon an 
arrest, convey in person the offender be- 
fore the nearest sitting magistrate, that 
he may be dealt with according to 
law. If the arrest is made during the 
hours that the magistrate does not regularly 
hold court, or if the magistrate is not hold- 
ing court, such offender may be detained in 
a precinct or station house thereof, until the 
next regular public sitting ot the magistrate, 
and no longer, and shall then be conveyed 
without delay before the magistrate, to be 
dealt with according to law. .A.nd it shall be 
the duty ot the said police [board] 
commissioner, from time to time, to provide 
suitable rules and regulations to prevent the 
undue detention ot persons arrested, which 


rules and regulations shall be as operative 
and binding as if herein specially enacted, 
subject, however, to the order of the court 
committing the person arrested. 

Penalty for personating: polloeman, 
anil for vvillfnl negleet of police. 

Sec. 339. It shall be a misdemeanor, pun- 
ishable by imprisonment in the penitentiary 
for not less than o^ne year, nor exceeding two 
years, or by a fine of not less than two hun- 
dred and fifty dollars, or the forfmture_of his 
position, for any member of the police force to 
w'ilfully neglect to make any arrest for an of- 
fense against the law of the state, or any or- 
dinance in force in The City of New 
York. [or] and It shall be a mis- 

demeanor, punishab le in like manner, 
for any person not a member of the 
police force to falsely represent himself as 
being such a member, with .a fraudulent de- 
sign upon persons or property, or upon any 
day or time to have, use, wear or display, 
without specific authority from the police de- 
partment, any uniform, shield, buttons, 
wreaths, numbers or other insignia or em- 
blems in any wise resembling such as are 
’•vorn by members of the police force; and 
the said poiice department is hereby author- 
ized and directed, from time to time, to pre- 
scribe the uniform, shields, emblems, insig- 
nia and weapons to be worn, displayed and 
used, and to regulate the wearing, display 
and use thereof, by any and all persons, ex- 
cepting marshals and the sheriff, his under- 
sheriff and deputies authorized under the 
laws of this state, to make arrests for any 
cause in the city of New York. 

Misilemeaiior for iiersona not members 
of police force to serve criiainal pro- 
ees-s. 

Sec. 340. It shall be a misdemeanor for any 
person not being a regular member of the 
police established in any city of this state, or 
a member of the police force of the city ot 
New York, or a constable of this state, or a 
police constable, or assistant police constable, 
or United States marshal, or other peace officer 
of this state, or a sheriff, or one ot the usual 
general deputies of any sheriff of this state, 
to serve any criminal process within the said 
city. 

Exemption from military anil jury 
ilnty anil civil proceUK. 

Sec. 341. No person holding office under this 
department shall be liable to military or jury 
duty, and no officer or patrolman while actu- 
ally on duty shall be liable to arrest on civil 
process, or to service of subpena from civil 
courts. 

Steam boilers; Inspection of; not to be 
operateil ivithont certificate. 

Sec. 342. Every owner, agent, or lessee of 
a steam boiler or boilers in use in the city 
of New York shall annually, and at 
such convenient times and in such man- 
ner and in such form as may by 
rules and regulations to be made there- 
for by the police commissioner [board] be 
provided, report to the said department the 
location of each steam boiler or boilers, and 
thereupon, and as soon thereafter as prac- 
ticable, the sanitary company or such mem- 
ber or members thereof as may be compe- 
tent for the duty herein described, and may 
be detailed for such duty by the police com- 
missioner [board] shall proceed to inspect 
such steam boilers, and all apparatus and ap- 
pliances connected therewith; but no person 
shall be detailed for such duty except he be 
a practical engineer, and the strength and se- 
curity of each boiler shall be tested by atmos- 
pheric and hydrostatic pressure and the 
strength and security of each boiler or 
boilers so tested, shall have under 


the control of said sanitary com- 
pany, such attachments, apparatus and appli- 
ances as may be necessary for the limitation 
of pressure, locked and secured in like man- 
ner as may be from time to time adopted by 
the United States inspectors of steam boilers 
or the secretary of the treasury, according to 
act of congress, passed July 25, 1866; and they 
shall limit the pressure of steam to be applied 
to or upon such boiler, certifying each inspec- 
tion and such limit of pressure to the owner 
of the boiler inspected, and also to the engi- 
neer in charge of same, and no greater amount 
of steam or pressure than that certified in the 
case of any boiler shall be applied thereto. 

In limiting the amount of pressure, where- 
ever the boiler under test will bear the same 
the limit desired by the owner of the boiler 
shall be the one certified. Every owner, agent 
or lessee of a steam boiler or boilers in use in 
the city of New York shall, for the inspection 
and testing of such or each of such boilers, 
as provided for in this act, and upon receiving 
from the police department a certificate set- 
ting forth the location of the boiler inspected, 
the date of such inspection, the persons by 
whom the Inspection was made, and the limit 
of steam pressure which shall be applied to 
or upon such boiler or each of such boilers, 
pay annually to the police commissions 
[treasurer of the police department] for 
each boiler, for the use of the police pen- 
sion fund, the sum of twm dollars, such cer- 
tificate to continue in force for one year 
from the granting thereof when it shall ex- 
pire, unless sooner revoked or suspended. 
Such certificate may be renewed upon the 
payment of a like sum and like conditions, 
to be applied to a like purpose. It shall not 
be lawful for any person cr persons, corpora- 
tion or corporations, to have used or operat- 
ed within the city of New York any steam 
boiler or boilers except for heatinig purposes 
and for railway locomotiveis, without having 
first had such boiler or boilers inspected or 
tested and procured for such boiler or each 
of such boilere eo used or operated the cer- 
tificate herein provided for. 

The superintendent and inspectors of boil- 
ers, in the employ of the police department, 
in the City of Brooklyn, and the boiler in- 
spectors in Uong Island City, shall continue 
to discharge the duties heretoifore devolved 
upon them, subject, however, to removal for 
cause, cr when they are no longer needed. 

III.; no person to use. or act as en- 
gineer lor, williont certificate. 

Sec. 343. It shall not be lawful for any per- 
son or persons to operaite or use any steam 
boiler to generate steam except for railway, 
locomotive engines, and for heating purposes 
in private dwellings, and 'boilers carrying no-t 
over ten pounds of steam and not over ten 
horse power, or to act as engineer for such 
purposes in the city of New York without hav- 
ing a certificate of qualification therefor from 
practical engineers detailed as such by the 
police depa-rtment, such certificate to be coun- 
tersigned by the officer m command of the 
eanltary company of the police department ot 
the city of New York and to continue in force 
one year, unless sooner revoked or suspended. 
Such certificate may be revoked or suspended 
at any time by the police commissione r 
[board] upon the report of any two practical 
engineers, detailed as provided in this sec- 
tion, stating the grounds upon which such 
certificate should be revoked or suspended. 
Where such certificate shall have been re- 
voked, as provided in this section, a like cer- 
tificate shall not in any case be issued to 
the same person within six months from the 
date of the revocation of the former certifi- 
cate held by such persoii. 


42 


THE CHARTER OF THE CITY OF NEW YORK. 


I«l.! record of liiHitectionii to be kept. 

Sec. 344. A correct record in proper form 
shall be kept and preserved of all inspections 
of eteam boilers made under the direction oi 
the police beard, and of the amount of steam 
or preiseure allowed in each case, and in 
cases where any isteam boiler or the appara- 
tus or appliances connected therewith shall 
be deemed by the department, after inepec- 
lion, to be Insecure or dangerous, the depart- 
ment may prescribe such changes and altera- 
tions as may render such boilers, apparatus 
and appliances secure and devoid of danger. 
And in the meantime, and until such changes 
and alterations are made and such appliances 
attached, such boiler, apparatus and appli- 
ances may be taken under the control of the 
police department and all persons prevented 
from using the same, and in cases deemed 
necessary the appliances, apparatus or at- 
tachment for the limitation of pressure may be 
taken under the control of the said police de- 
partment. 

Id.; over-presdore forbidden; ovruer 

iieg'lectlnc;' to report boiler. 

Sec. 345. It shall not be lawful for any per- 
■on or persons to apply or cause to be applied 
to anjf steam boiler a higher pressure of 
steam than that limited for the same in ac- 
cordance with the provisions of this chapter 
and any person violating the provisions of 
the last preceding section shall be guilty of a 
misde^meanor. In case any owner of any 
•team boiler in the said city shall fail or omit 
to have the same reported for inspection, as 
provided by law, such boiler may be taken 
under the control of the police department 
and ail persons prevented from using the 
same until it can be satisfactorily tested, as 
hereinbefore provided for, and the owner 
shall, in such case, be charged with the ex- 
pense of so testing it. 

[Id.;] Special patroliiieu for district tcl- 

csrnplt companies. 

See. 330. The police commissioner [board] 
Is hereby authorized, in addition to the police 
force, now' authorized by law, to appoint a 
number of persons, not exceeding [two] 
three hundred, who may be designated by any 
company which may be operating a system of 
signaling by telegraph to a central office for 
police assistance, to act as special patrolmen 
In connection with such telegraphic system. 
And the persons so appointed shall, in and 
about such service, have all the powers pos- 
sessed by the members of the regular force, 
except as this may be limited by the regula- 
tions of the police commissioner [board], 
and they shall be subject to the supervision 
and control of the police department. No 
person shall be appointed as such special pa- 
trolman who does not possess the qualifica- 
tions which may be required by the police 
commissioner [board] for such special ser- 
vice; aud the persons so appointed shall be 
subject, in ease of emergency, to do duty as 
a part of the regular police force. The po- 
lice commis sion er [board] shall have power 
to revoke any such appointment or appoint- 
ments at any time, and every person so ap- 
pointed shall wear a badge and uniform, to 
be furnished by said company and approved 
by the police department. Such uniform 
shall be designated at the time of the first 
appointment under this section, and shall be 
the permanent uniform to be W'oru by said 
special police. The pay of such special pa- 
trolmen and all expenses connected with 
their service shall be wholly paid by such 
company or companies, and no expense or 
Unoility shall at any time be incurred or paid 


by the police department for, or by reason 
of, the services of the persons so as afore- 
said appointed. 

Police pension fund; police [board] 
eoiniiiissioiier lr;istec[8] of; powers 
I over. 

See. 3.51. The police commissioner [board] 
shall be the trustee [s] of the police pension 
fund hereinafter mentioned, and [the treas- 
urer of said board] shall be treasurer of the 
pension fund. He shall, before entering upon 
his duties as treasurer thereof, execute and 
deliver to the controller of Th e City of New 
York [said board], a bond in the penal sum 
of one hundred thousand dollars, to be ap- 
proved by the controller of The City of New 
York, and conditioned for the faithful dis- 
charge of its duties, and that he shall pay 
over and account for ail moneys and prop- 
erly which shall come into hs hands as such 
treasurer. Such trustee[s] shall have 
charge of and administer said funds, and 
from time to time invest the same, or any 
part thereof, as he [they] shall deem most 
beneficial to said fund, and he is [they are] 
empowered to make all necessary contracts 
and take all necesary and proper actions and 
proceedings in the premises, and to make 
payments from such fund of pensions granted 
in pursuance of this act, and also pensions 
now charged on said fund or any part there- 
of by or under existing laws, and said trus- 
tee[s] shall be the legal suec8Ssor[s] of the 
trustee or trustees of the police life insur- 
ance fund, and of any police pension fund 
heretofore existing within the limits of The 
City of New York as constituted by this 
act, including the pension fund of the park 
police of the mayor, aldermen and common- 
alty of the city of New' York, and the pension 
fund of the park police of the city of Brook- 
lyn. The said trustee [s] may, and he is 
[they are] authorized and empowered, from 
time to time to establish such rules and reg- 
ulations for the disposition, investment, 
preservation and administration of the po- 
lice pension fund as he [they] may deem 
best. He [They] shall report in detail to 
the [municipal assembly] board of aldermen 
of The City of New York, annually, in the 
month of January, the condition of the police 
pension fund and the items of receipts and 
disbursements on account of the same. No 
payments whatever shall be allowed or made 
by said trustee [s] from said fund as reward, 
gratuity or compensation to any person for 
salary or services rendered [.] to or for said 
trustee [s, except payment of legal, ex- 
penses.] On or befo re the first day of Feb- 
ruary of each year, the trustee shall make a 
verified report to the mayor of his proceed- 
ings as such trustee, containing a staiemeut 
of all receipts and disburse ments on a ccount 
of said fund, together with t he names and 
residences of each beneficiary and the 
amounts paid to such beneficiary for or on 
account of said fund. There shall be an au- 
diting committee consisting o f three mem- 
hers to b e appointed by the mayor a s fo l- 
lows; two members to be selected from 
among the offleers and members of the uni- 

formed force of the police d e partment and 
one member to be select ed from the ret ired 
members of the police department. It shall 
be th e duty of this committee on or before 
the first day of March in each year to exam- 
ine the condition of said relief fund and to 
audit the account of the said trustee. 


I«l.; funds to be paid trnstees; exemp- 
tion from execution and process; 
false swearing' in pension elaiins. 

Sec. 352. The said police pension funds ex- 
isting in said city of New Y'ork, as constituted 
by this act or In any part thereof when this aet 
lakes effect, and all moneys, bonds, invest- 
ments, securities, revenues and incomes there- 
of, or belonging thereto, in whose hands so- 
ever or wherever the same may be, shall 
be paid over and delivered on demand to the 
police commissioner, [said trustees of the 
pension fund as constituted by this act.] 
The moneys, securities and effects of 
the police pension fund, and all pen- 
sions granted and payable from said fund 
shall be and are exempt from execution 
and from a.l process and proceedings to en- 
join and recover the same by or on behalf of 
any creditor or person having or ass^ting 
any claims agiinst, or debt or liability of, 
any pensioner of said fund. Every person 
who knowingly or willfully in any wise pro- 
cures the making or presentation of any false 
or frauduleut affidavit or affirmation concern- 
ing any claim for pension or payment thereof 
shall in every such case forfeit a sum not 
exceeding two hundred and fifty dollars, to 
be sued for and recovered by and in the name 
of the said trustees, and when recovered, to be 
paid over to and thereupon become a part 
of the said police pension fund. Any person 
who shall willfully swear falsely in any oath 
or affirmation in obtaining or procuring any 
pension or payment thereof, under the pro- 
visions of this chapter, shall be guilty of per- 
jury. 

Id.; of what It consists. 

Sec. 353. The said police pension fund shall 
consist of: 

1. The capital, interest, income, dividends, 
cash, deposits, securities and credits former- 
ly belonging to the police life Insurance 
fund, and any police pension fund, existing 
as aforesaid with the addition thereto, from 
time to time, of 

2. All forfeitures imposed by the police 
department from time to time, upon or 
against any member or members of the po- 
lice force; and of 

3. All rewards, fees, gifts, testimonials 
and emoluments that may be presented, paid 
or given to any member of the police force 
cn account of police services, except such 
as have been cr shall be allowed by the po- 
lice commissioner [department] to bo re- 
tained by the said members, and also said 
gifts or bequests which may be made to 
the said pension fund, or to the said po- 
lice commissioner [board] as trustee[s] 
thereof. 

4. All lost, abandoned, unclaimed or sto- 
len remaining in the possession of 

the properly clerk of the police department 
for the space of one year, and for which 
there shall be no lawful claimant, and all 
moneys arising from the sale by said prop- 
erty clerk of unclaimed, abandoned, lost or 
stolen property, and all moneys realized, 
derived or received from the sale of any 
condemned, unfit or unserviceable proper- 
ty belonging to or in the possession or under 
the control of the police department; and of 

5. .Ml moneys, pay, compensation or sal- 
ary, or any part tfficreof, forfeited, deducted 
or withheld from any member or members 
of the police force on account of absence 
for any cause, lost time, sickness or 
other disability, physical or mental, to be 
paid monthly by the_contrcller [treasurer 
of the police board] to the police pension 
fund. 

[6. .4.11 moneys derived or received from 


THE CHARTER OF THE CITY OF NEW YORK 


43 


*ny licenses cr certificates granted or given 
under sfiction 340 of this act. 

0. [1.] Any sum out of or share of excise 
moneys derived from the granting of li- 
censes cr permission to sell strong or spirit- 
uous liquors, ale. wine or beer, or out of 
cr of any moneys paid for taxes upon the 
business of trafficking in cr selling or deal- 
ing in strong cr spirituous liquors, ale, 
wine, cr beer, which by law was, at the time 
of the taking effect cl this act, applicable to 
or apljropriated to any police pension fund 
then existing within the limits of the 
city of New York, as constituted by 
this act, and such sum or share shall 
be paid in equal quarterly installments 
by the controller of the city of New York, 
or other person or cfficcr having the legal 
custody thereof, to the police commis- 
sion er [treasurer of the police pension 
fund] without any action or authority of 
or from any other official body or officer. 

7. [8.] .All moneys received or derived 
from the granting or issuing of permits to 
carry pistols, in said city, and no permit 
shall be granted or isued to any person 
except upon the payment of two dollars 
and fifty cents in advance to the chief of 
police, nor shall any such permit continue 
in force for more than a year, when an- 
other may be, issued from year to year, 
upon the payment of a like sum. The 
chief of police is authorized to grant and 
issue permits for such purpose in proper 
cases, upon the payment of the sum afore- 
said, and all such moneys shall be paid 
over to the treasurer of the police pension 
fund. 

S. [9.] .All moneys derived or received 
from the granting or issuing Ihe permits, 
or the giving of permisiori to give masked 
balls, entertainments or parties, or cither 
of them, in The City of New York. No 
masquerade or fancy dress ball, or other 
entertainment, shall be held, given or per- 
mitted in The City of New York, except 
upon condition that a license fee therefor 
of not less than five dollars nor more than 
one hundred dollars shall first bo paid fo 
the police department who are authorized 
to demand and receive the same for the 
benefit of the police pension fund. 

9. [10.] A sum of money equal to but 
not greater than two per centum of the 
monthly pay, salary or compensation to 
each member of the polics force, which 
sum shall be deducted monthly by the 
controller [treasurer of the police board] 
from the pay, .salary or compensation of 
each and every member of the police force 
and the said [treasurer of said board] 
controller is hereby authorized, empow- 
ered and directed to deduct the said sum 
of money as aforesaid and forthwith to 
pay the same to the treasurer of the trus- 
tees of the police pension fund. 

10. [11.] -Any and all other moneys and 
funds which, but for the passage of this 
act, would have been part of or applicable 
to any police pension fund at the time this 
act takes effect or thereafter within the 
limits of The City of New York as consti- 
tuted by this act. 

11. [12.] And any and all unexpended 
balances of apropriation or amounts esti- 
mated, levied, raised cr apropriated for 
the payment of salaries or compensation 
of members of the police force within said 
city of New York remaining une.xpended 
or unapplied after allowing all claims 
payable therefrom; provided, _ however, 
that whenever, at the end of any fiscal year 
theT surpltis in the police pension fund shall 


exceed the sum of two hundr ed and fifty 
thousand dollars, over and above a ll 
charges t hen e xi sting against the same , 
s uch unexpended balances, or so much 
t hereof as sh all no t be required to brin g 
the su rplus up to the sum of two h undred 
and fifty thousand dollars , shall be trans- 
f erred to the general fund for the reduc- 
tion of taxation. .And the controller [po- 
lice board may, and it] is hereby author- 
ized to pay over to the police pension fund 
such unexpended balances or any part 
thereof, at any time after the expiration 
of the year for which the same were made 
and apropriated, and after allowing suffi- 
cient to satisfy all claims payable there- 
from as aforesaid. 

12. [13.] In case the amount derived 

from the different sources mentioned and 
included in this section shall not be suf- 
ficient at any time to enable the police 
commissioner [department] to pay in full 
the pensions which have been or which 
may hereafter be granted, K shall be the 
duty of the police commissioner [depart- 
ment] each year at the time of mak- 
ing up the departmental estimate, to 
prepare a lull and detailed statement 
of the assets of said police pension fund 
and the amount which is required to pay 
in full all such pensions and to present the 
same to the board of estimate and appor- 
tionment together with a statement of the 
amount of money required to enable the 
said commissioner [board] to pay the said 
pensions in lull. It shall be the duty of 
said board of estimate and apportionment 
and the board of aldermen [municipal as- 
sembly] to make an appropriation suffi- 
cient to provide for such deficiency and the 
amount so appropriated shall be included 
in the tax levy, and the controller shall 
pay over the money to the police eomm is- 
sioner. [treasurer of the police pension 
fund.] 

13. [14.] .And the said police com mis- 
sioner [board, as trustees of the police 
fusion fund,] is hereby authorized and 
empowered to take and hold, as trustee [s] 
of such fund, any and all gifts or bequests 
which may be made to such fund. 

Id.; peiisloiis clsiKsified. , 

Sec. 354. The police commissioner [board] 
shall have power, in Ms [its] discretion, to 
retire and dismiss from membership in the 
said police force, and thereupon to grant 
pensions to, as hereinafter provided, any 
member of the police force of said city who 
shall have become disabled, physically or 
mentally, or superannuated by age so as to be 
unfit for police duty, and to widows and or- 
phans of such members to be paid from the 
police pension fund [to the trustees there- 
of,] as follows; 

1. To the widow of any member of any 
police force within the limits of said city, 
who shall have been killed while in the ac- 
tual performance of duly, or shall have died 
from the effects of any injury received 
whilst in the actual discharge of suoh duty, 
or who has died, or who .shall hereafter die 
after ten years of service in any police 
force within the Units of the city of New 
York, as constituted by this act, or 
who shall have been retired upon a 
pension, if there he no child or children 
under eighteen years of age of any such 
member, the sum of not exceeding three 
hundred dollars per annum; but if there be 
any such child or children of such member 
under the age aforesaid, then the said sum 
may he divided between such widow, child 


or children in such proportions and in such 
manner as the said tru.stee may direct; pro- 
vided, however, that the foregoing provision 
shall not be applicable to the widow, child 
or children of any member of any police 
force within the limits of said city who 
shall have been killed or died prior to the 
taking effect of this act, unless such widow, 
child or children would have been entitled to 
a pension under the laws in force at that 
time; and provided further that in no event 
shall such widow, child or children receive a 
greater pension than she, it or they would 
have been entitled to under the laws in force 
immediately prior to the taking effect of 
this act. 

2. Subject to the like limitations, to 
any child or children under eighteen 
years of age of such member killed or dy- 
ing as aforesaid or pensioner as aforesaid, 
but leaving no widow, cr, if a widow, then 
after her death to such child or children 
being yet under eighteen years of age, a 
sum not exceeding three hundred dollars 
per annum. 

3. Subject to the like limitations, to 
any such member of any such police 
force who, whilst in the actual performance 
of duty and by reason of the performance 
of such duty and without fault or miscon- 
duct on his part, shall have become perma- 
nently disabled, physically cr mentally, so 
as to ba unfitted to perforin full police duty, 
a sum not to exceed one-half ncr less than 
one-feurth of his rate of compensation per 
annum. 

4. To any such member of the said police 
force who shall, after ten years, and less 
than twenty-five years membership in any 
such police force, become superannuated by 
age, permanently insane or mentally, in- 
capacitated, cr disabled physically or men- 
tally so as to be unfitted cr unable to per- 
form full police duty by reason of such dis- 
ability cr disease contracted without mis- 
conduct on his part, a sum not to exceed 
one-half nor less than cne-feurth of his rate 
cf compensation per annum. 

Icl.; TTlieii inembevs of foree entitle*! to 
liension;- amount anti (Inration, 

Sec. 355. Any member of the police force 
being of the age of 55 years, who has or shall 
have performed duty on such police force as 
aforesaid for a period of twenty years or up- 
ward, upon his own application in writing, 
may, or upon a certificate of so many of the 
police surgeons as the police commissioner 
[board] may require, showing a member 
of whatsver age who has served twenty years 
is permanently disabled, physically or men- 
tally so ns to be unfit for duty, shall, by or- 
der of the police commissioner [board], be 
relieved and dismissed from said force and 
service and placed on the roll of the police 
pension fund, and awarded and granted, to 
be paid from said pension fund, an anual pen- 
sion during his lifetime of a sum not less 
than one-half of the full salary or compensa- 
tion of such member so retired; and any 
member of the police force who has. or shall 
have performed duty on any such force afore- 
said, for a period of twenty-five years or up- 
wards, being the age of fifty-five years, or 
any member of any such police force who 
is an honorably dissharged soldier or sailor 
from the army and navy of the United States 
in the late civil war, who shall have reached 
the age of GO years, or any such soldier or 
sailor who has performed duty on any such 
force for a period of twenty years, upon his 
own application in writing, provided there 
are no charges against him pending, must be 
relieved and dismissed from said force and 
service by the department and placed oa Um 


•^4 


rni: ciiAirn-ir ov riii: cirv 


OV XEW YORK. 




roll of the police pension fuiiJ and a\varde<i J 
arn.1 granted, to be paid from paid pension | 
fund, an annual pension during his lifetiiiif i 
of the sum of not less than one-half of the ] 
full salary or compensatio:'' of such member | 
so retired: aud the said commissioner [de- 1 
partmenl] may in. like niannsr relieve and j 
flismi.-s from the service and place on ihe i 
j*oU of tho police pension fund, and grant 
and award a pension to any member of said 
force other than an honorably discharged 
soldier or sailor of the Mexican or late Civil 
wav who shall have reached the age of 60 
years. The said police ^commissioner [de- 
panment] siiail award and grant pensions } 
to the chief of police of $.‘1,000; to each deputy | 
chief of police $2,rj00; to each inspector $1,750; | 
to each captain of police, 51,375. and to each ! 
sergeant and detective sergeant of police | 
hereafter relieved and dismissed from said 
feree and service and placed on the roll of the 
pension fund, as hereinbefore provided, the 
sum of $1,000 per annum hereafter, and lo 
each captain of police heretofore re- 
Ht'vrd and dismissed from said force 
and placed cn the roll of- the police 
pension fund. as hereinbefore provided, 
who, at the time ^Yhen he was so relieved and i 
dismissed and at the time when he was so 
jdaced on the roll of said pension fund, was 
receiving an annual salary of $2,750, (he sum 
of $1,375 per annum hereafter. Pensions 
granted under this section shall be for the 
natural life of the pensioner, and shall not be 
revoked, repealed or diminished. In case any 
member shall have voluntarily left any such 
police force and entered into the United 
Stales service, and served in the war of the 
rebellion, in the army or navy and received 
an honorable discharge, and afterward shall 
have been reinstated or re-appointed 

in the police force, the time of his 
service in the army or navy shall 

be considered as continuous service in 
the police force. Pensions may, in the dis- 
cTelion of the said police commissioner [de- 
partraeal] bo continued and paid to the 
widows and children, or, if no widow, to the 
child or chiidren while under the age of IS 
years of any member of the police force to 
v.hoin pensions shall have been granted, pro- 
viiled, however, that sueh pensions lo such 
widows or children, as the case may be, 
than, in no instance, exceed six hundred dol- 
per iinnum, and the same may. in the 
dj«v.reiion of ihe said con^issioner [board], 
be. from time lo time, and at any time di- 
mini.shcd, modified, or revoked; provided, 
}io .vevor, that no member of either 
of the police forces by this act con- 
j-.olidatcd, having a right to retire upon a pen- 
sion at tho lime this act lakes effect, shall be 
deprived of such right by reason of his re- 
maining upon the police force, or of anything 
in this act contained. In determining the 
terms of service of any member of the police 
In *^2 municipal and metropol- 
force, aud subseeuently in the police 
lorCiJ Tliw- of Kew York, as heretofore 
or in any police force within the 
nmUs oi The City of Xew York as hereby con- 
.stituted, and thereafter in the police force 
created by this act, shall be counted and held 
to be service in the police force of The City of 
XeM* York for all tbs purposes of this chap- 
ter. 

1«1.; ^vlion ecrtntn pensions toriuiiiRtei 

eciuxilixiiig' existing: peu.sjnns. | 

Sec. 356. Pensions to widows shall terminate 
when the widow shall re-marry'i ^nd peiisicns 
to chikdren shall terminate whenever the chil- 
dren shall respectively marry or arrive at the 
age of eighteen year.s. The police _commiy- 
tloner [board] may, in [Its] discretion, | 


order any pension granted, or any part 
thereof, lo cease, or be diminished, except 
those pensions as to which it is otherwise 
provided in this act. and as therein provid- 
ed; but in all sucli cases the said police com- 
missioner [board] shall file with the p^- 
pers [trus'teos] of the police pension fund a 
writen statement of the causes which deter- 
mined him [the police board] i,i ordering any 
pension so to cease or to be diminished; and 
nothing herein, or in any other act contained 
shall render the granting of any pension 
obligator;* on the police commissioner 
[board] or ehargca'olo as :i matter of right 
upon said police pension fund, except as 
herein provided. All existiflg pensions law- 
fully granted, payable out of the police life 
insurance fund, or any police pension fund of 
which the police commissioner is [board 
are] made trustee[s] by this chapter, and 
not lawfully revoked are continued and. shall 
be paid out of ihe police pension fund in pur- 
suance of the limitations and provisions of 
this chapter. 

1(1.: oortinonte of tliKaliility; «1c]»nrt- 

iiieiit may iiuikt- riile.s. 

Sec. 357. Xo member of the police force 
shall be granted, awarded,- or paid a pension 
on account of physical or mental disability 
or disease, unless a certificate of so many of 
the police surgeons as the police board may 
require, which shall se: forth the cause, na- 
ture and extent of the disability, disease or 
injury of such member shall be filed 
in the department. And no mem- 
ber shall be retired upon pension or be 
pensioned, nor shall any pension be awarded, 
granted or paid except as provided in this 
chapter, any other law to the contrary not- 
withstanding. The said police department is 
authorized and empowered to make and adopt 
all such rules, orders and regulations as are 
or may be necessary to carry out and enforce 
the provisions of this act as to pensions. 

of proceeds of NaleK. 

Sec. [371.] 358. All moneys realized by 
sales under this chapter shall be paid over 
to the chamberlain of The City of Xew York, 
to the credit of the general fund of said city. 

nesiK:natioii of station hotiNos for c<>n- 

tiiieinont of iTonieii. 

Sec. [372.] 350. The police commissioner 
[board] shall designate one or more station 
houses for the detention and confinement of 
women under arrest in The City of New 
York. Such commissioner [board] may at 
any time designate for such purpose any 
additional station house or houses, or 
may revoke the designation * of any station 
house or houses theretofore designated, pro- 
vided that at least one such station house 
shall at all time be. so designated for such 
purpose in such city. In every station house 
to which police matrons 'are appointed toilet 
accommodatioas shall be provided for such 
matrons, which acommodations shall be 
wholly separate and apart from the toilet ac- 
commodations provided fer prisoners, or for 
the other officers attached to such station 
house. 

Ax»pol]i( iiieiit <if police iiintroiiK. 

Sec. [373.] ^60. The police commassioner 
[hoard] shall appoint for each station 
house designated in the last section, not 
more than two respectable women, who shall 
be known as police matrons, in the same 
manner and under restrictions governing the 
appointment of patrolmen so far as the same 
may be applicable, except that any rule or 
regulation as to the age of a pei^on appointed 
patrolman shall not apply, to niatrocs appoint- 
ed under this act. Xo womari shall be ap- 


» • . ' 1 ... 

i pointed a police matron unless suitable for 

ihe position and recommended therefor' la 
writing by at least twenty women of good 
standing, residents of the city of New York. 
Police matrons shall be appointed to station 
houses to which police courts are attached 
and to station houses which are in close pro.x- 
imity to a police court, [in case IhereTs no 
police court in close proximity to a station 
house in said city, then police matrons may 
be appointed lo any station house therein.] 

TeruiM of office, reiiioTal, 8ali|ry. 

Sec. [375.] ^1, Police matrons shall, 

upon appointment, hold office until removal, 
and they may be removed at any time, by 
ih-i authority appointing them, under the 
regulations prescribed for the removal of 
patrolmen. Immediately upon the death, 
resignatio:', or removal of a police matron, 
her successor shall be appointed in the man- 
ner hereinbefore provided. A police matron 
shall receive the same salary as the door- 
man in the station house to which she may 
be appointed. 

Duties of Police Mntroiis. 

Sec [376.] 3^. When only one police ma- 
tron is attached tb a police station, she 
shall reside there, or within a reasonable 
distance therefrom, and shall hold herself In 
readines to respond lo any call therefrom at 
any hour, day or night, and each matron 
shall, during such hours as may be fixed by 
Ihe police commissioner [board], remain in 
such station and hold herself in readiness 
to respond to any call therefrom. So long as 
any woman is detained or held under arrest in 
a police station to which a matron is attached, 
it shall be the duty of such matron to remain 
constantly thereat ready for service; or, if 
tSaere be more than one matron attached to 
such station, then one of ihecn shall be con- 
stantly ready for service. A police matron 
shall, subject to the officer in charge of such 
station house, have the immediate care and 
charge of all women held under arrest in the 
station to which tho is attached, and she may 
at any time call upon tbe officer in command 
of such station for assistance. She shall be 
subject to the authority of the police com- 
raissioner [board] and to the rules and reg- 
ulations prescribed by such authority; but 
at the station where she may be appointed 
on duty she shall be subject only to the au- 
thority of the officer in command thereof. 

Police Iboarftl _oomiuisjUoner lo pro- 

vide Rcconniiodntions for ^romen • 

Sec. [377.] 363. It shall be the duty of 
the police [board] commissioner to provide 
sufficient accommodations for women held 
under arrest to keep them separate and 
apart from the ceils, corridors and apart- 
ments provided for males under arrest, and 
to so arrange each station house that no 
communication can be had between the men 
and -women therein confined, except with the 
consent of the matron or officer in command 
of said station house. Xo officer, other than 
the matron, shall be admitted to the corridor 
or cells of the women prisoners without the 
consent of the officer in command of such 
station house. 

Proceedings -i^ltere iromuu Is arrested. 

Sec. [378.] 364. Whenever a woman is ar- 
lesled aud taken to a police station, 
to which a matron is attached, it 
shall be ihe duty of the officer in 
command of the station to cause such 
matron to be summoned forthwith, and when- 
ever a female is arrested in any precinct to 
which no matron is attached she shall be 
taken directly to the station house desi^nat- 


THE CHARTER 01' THE CITY OF NEW YORK 




ed to receive the women prisoners oJ the pre- i 
cinct in which the arres\ is made. No such j 
separate confinement nor any such removal 
of any woman, shall operate to take froui 
any court any jurisdiction which it would 
have had. The term “woman” i:scd in sec- 
tions [three hundred and seventy-two to 
three hundred and eighty] three hundred 
a nd fifty-nine to t hree hundred and sixty- 
six, inclusive, shall not include any female 
either actually or apparently undeh the ago 
of sixteen years whose care is assumed by 
any society referred to in section two hun- 
dred and ninety-three of the penal code; but 
every such female shall be taken directly to 
a station house designated to receive women 
prisoners and shall be at once transferred 
therefrom by the officer in charge, to the 
custody of such society. 

Appropriation for salary ami iiiaiiiteii- 
nnee. 

Sec. [379.] 363. The board of estimate 
and apportionment and the boar d of alder- 
men [municipal assembly] shall appropriate 
annually 'such sum as may be necessary for 
the separate care and confinement in station 
houses of all women arrested in such city, 
and for the appointment, salary and main- 
tenance of police matrons. 

Mone ys p aid to pen sion fund Ity ma- 
t rons to be retnrned . [Matrons to 
eontrlbnte to iiension fniid and slinre 
therein.] 

Sec. [3S0] .366. .\11 moneys heretofore con- 
tributed by any police matron to the pension 
fund of the police force shall be returned and 
vaid ba ck to such police matr on with interest 
tnereon from the date o f such contribution, 
such interest to be paid b y The City of New 
York from the contingent fund o f the p o- 
lice department . [Every police matron 
upon being appointed to the uniformed force, 
shall, each year thereafter, and under the 
regulations prescribed for patrolmen, contrib- 
ute two per centum of the salary received by 
her to the pension fund of the police force, 
and all fines and forfeitures Imposed upon po- 
lice matrons of the uniformed force, or emolu- 
ments received by them unde? the regulations 
prescribed for patrolmen, shall be contributed 
to the pension fund of the police force. 
police matron who shall have performed duty 
on such police force for a period of twenty 
years or upward, upon her own application in 
writing may. or upon the certificate of so 
many of the police surgeons as the police 
board may require showing that a matron of 
whatever age who has served twenty years as 
police matron is permanently disabled physi- 
cally or mentally, so as to be unfit tor duty, 
shall, by order of the police board be relieved 
and dismissed from said force and service and 
placed on the roll of the pension fund, and 
awarded and granted to be paid from said 
fund an annual pension during her lifetime 
of a sum not less than one-half of the full 
salary or compensation of such matron so re- 
tired. Pensions granted under this section 
shall be for the natural life of the pensioner 
and shall not be revoked or diminished. The 
police board shall have power in its discre- 
tion, to retire or dismiss from membership 
in the police force and thereupon grant a pen- 
sion to. a*ny police matron who shall after ten 
years and less than twenty-five years’ mem- 
bership in any such police' force become phys- 
ically or mentally incapacitated for further 
service in the department through injuries 
received during the performance of her du- 
ties.] 


Certain act not applienlile. 

Sec. [381]_S67. Chapter four hundred and 
twenty of the laws of eighteen hundred and 
eighty-eight, entitled “An act to provide for 
police matrons in cities.” as amended by 
ciiaptcr ninety of the laws of eighteen hun- 
dred and ninety-one, shall not be applicable 
to The City of New York. 

TITLE 2 

BOAIin Ob' lOI.ECTlOAS. 

Hiireaii.s ot' election in polioe alepart- ) 

nientubolislied. 

Sec. 368. TJie bureau in the police depart- 
ment of The City of New York k nown and 
design ated as the general bureau of elections, 
and the b ranches of said general bureau in 
the borou ghs of The Bronx, Brooklyn, Rich- 
mond and Queens, together with the office 
of superintendent of elections o f The City 

of N e w York a nd the offices of the chiefs of 
the branc h bureaus of elections in said re- 
spective b oro ughs a re hereby abolished, and. 
a ll ot the rights, powers, authority, duties 
and ob ligations immediately heretofore by 
law vested in and imposed upon the said 
bureau, bra nch offices, superintendent and 
chiefs of branch offices, together with every 
ri ght, power, authority, d uty and obligation, 
i mmediatel y heretofore by law' v ested in and 
ttpon the police d epartment of ^lie 
C ity of New York wit h respect to general, 
sepcial or primary elections, shall forthwith 
by force of and a s an effect of this chapter 
be transferred to .and continue in the board 
of elections of The City of New York hereby 
created. 

Bimrd «if elections e.sfai tl iwlieii. 

Sec. .369. The r e shall be a board of el ec- 
tions of The City of New York to consist of 
four members who shall be appointed liy 
the mayor, and to be known as co mmissioners 
of elections, each of whom, at the time of 
his appoint ment, shall be a resident and voter 
of The City of New York, and not more 
than two of whom shall, when either of them 
is appointed belong to the same political 
party, or be o f the same pol it ical opinio n 
on state or national politics. The salary of 
each of said commissioners of elections shall 
be three thousand dollars a. y ear. 

Transfer «f books, iu(i>er.s, ele. 

Sec. 370. All books. (locunients._ papers. 

records and election appliances or appur- 
tenance sheidorusedb^ o^under_the_con - 
trol of the superintendent of elections and 
the chiefs of t he branch bureaus of elections. 
or und er the contr o l of the police board of 
The City of New York shall be transferred 
to the care, custody an d control of the board 
of elections by_this chapter. 

Trnnsfer of snneriiiteiKlent. clei ks. efe. 

Sec. 371. So far as practicable and neces- 
sar>~ the superintendent, clerk.s and other 
employes attache d to and in the service ot 
the bureau of elections of The City of New- 
York and of the br anches of said bureau i n 
the respective boroughs on January fi rst, 
nineteen hundred and two , shal l be con- 
Unued in the service and e m ployment of t he 
said board of election s with the same sa larie s 
and so far ss practicable, the same duties. 


i Boar«l of oleetioiis; jiiiiaasemcii ( : 

ciiperlnfeiiilent. 

Sec. 372. [360.] The affai.tc ot [said gen- 
eral bureau] board of elections [and 
of said 'oranches thereof] ilndcr and t,;b- 
ject to such rules, reguldtittus aud orders 
as may. from time to time, ba made by 
said [police] board, nor, inconsistent wlt-i 
with the provisions of the cieetdon law or of this 
chapter, shall be managed, e.saducted and car- 
ried on by a person cho-sen and a;ipoiated h.y 
said [police] board who shall be known as Iho 
superintendent of elections of the city of New 
York; and such other ollicer.s, clerks, assist- 
ants and employes as may be selected or 
appointed as hereinafter p’-’owided. 

I<l.: oIRoei-s' leriiiw mill Kniiirles: re- 
in ovala. 

Sec. 373. [362.]. The said superintendent 
of elections [shall hold his office for 
five years, aud] shall receive a sal- 
ary of $6,000 a year. [The chiefs of 
the branch bureaus of elections of the bor- 
oughs of Kings, Richmond, The Bronx and 
Queens .shall receive such salaries re- 
spectively as shall bo fixed by the police 
board, not to exceed the sum of $1,000 a year 
for the chief o' the branch bureau of elee- 
tio-ns in the borough of Brooklyn. $1,500 a 
year in the borough of ’rhe Bronx, und .$1,300 
a year in each of the boroughs of Richmond 
and Queeas. Such .salaries shall be paid by 
the police board in equal monthly installments. 
Said superintendent of elections and chiefs 
of branch bureaus] aud shall [each] be re- 
movable at any time by Oie [police] beard 
[for cause ]_of electi or.s. 

Ijl.j exiienae.s «if. 

Sec. .371. .Ml sums necessary to jmy the ex- 
penses of said board of elections and to 
m oer. a nd de fray the charges and ex- 

penses o f aU elections in 'rhe City 

of New York, or in any territory inc luded 
thereip. shall, within the ap proprlat-au mad e 
therefor, bo a charge against the said city, 
and slmll upon proper certificat es and vouch- 
ers be paid in the same manner a.s by law 
is provided for the other expenses and charges 
against, the said city. Said charges and ex- 
penses shall- be included in the annual budget 
of said city each year and in the yearly 
taxes levied upon tile estates, real and per- 
so nal. ill The C ity of Y'or k. 

III.: miiicrlnteiiilcnt to destroy regisa 
ier« of electors, etc. 

See. 37^. [369.] The superintendent of 
[the general bureau of] elections under the 
directions of the [police] board of elections 
[In The City ot New Y'ork] is hereby au- 
thorized and directed not less than two years 
after each election, to sell or destroy ail 
registers of electors, statements ot canvass 
and tally sheets; provided that two copies 
of the register of electors for each election 
district to be selected by the superintendent 
of [the general bureau of] elections, shall 
he excepted and preserved from such sale 
or destruction. 

■■ 1 1 ■ . .. J 

CHAPTER IX. 

BOROUGH OFFICERS. 

Title 1. Borough officers. 

Title 2. Bu reau of buildings. 

TITLE 1. 

BOROUGH OFFICERS. 
Prenlilenl; iiiialiflcntlons, term, elec- 
tion. MMlary. 

Section 382. There shall be a president of 
each borough, who must be a resident there- 
of at the time of his election and rema*-n a 


4fi 


THE CHARTER OF THE CITY OF NEW YORK. 


resident thereof throughout his term of office. 
The president and his successors shall be 
elected by the electors of the borough at all 
the elections whereat the mayors of the city 
of Xew York are respectively to be elected. 
The president shall hold his office tor a term 
of tour years, commencing at noon on the 
first day of January next after his election. 
The salary of the presidents of the boroughs 
of Manhattan, of the Bronx and of Brooklyn, 
respectively, shall be [five] seven thousand 

road tracks in any public street or road, of 

as are expressly conferred upon them by this 

the form of fail used, or character of founda- 

act. , 

tion, and the method of construction, and of 

3. The said presidents of the boroughs of 

the restoration of the pavement or surface 

Queens and Richmond shall have pow-er to 

after such work. 

appoint such subordinates as may be neces- 

5. Of the filling of sunken lots, fencing of 

sary to enable them to carry into effect, the 

vacant lots, digging down lots, and of licens- 

provisions of this act, regarding cleaning the 

ing vaults under sidew’alks. , 

streets of his borough, but the aggregate sal- 

6. Of the removal of incumbrances. 

aries of such officers shall not exceed in any 

7. Of the issue of permits to builders and 

one year the amount appropriated therefor by 

five hundred dollars a year, and the salary 

others to use or open the streets. 

the board of estimate and apportionment and 

of the presidents of the boroughs of Queens 
and of Richmond, respectively, shall be 
[three] five thousand dollars a year. A 
piesident of a borough may be removed in 
the same manner as the mayor as provided 

8. Of the construction and maintenance of 

the board of aldermen. The said presidents 

all bridges and tunnels which are within his 

of the boroughs of Queens and Richmond 

borough, and form a portion of the highways 

shall, so far as possible, select such subor- 

thereof, except such bridges as cross navi- 

dinates from the members of the street clean- 

gable streams. 

ing department employed within said bor- 

in other sections of this act. [by the mayor 

9. Of all subjects relating to the public sew- 

oughs at the time when this act shall take 

on charges, subject to the approval of the 
governor of the state of New York.] Any 
vacancy in the office of president caused by 
removal from the borough, or otherwise, shall 
be filled for the unexpired term by an elec- 
tion to such vacancy made by a majority vote 
of all the members of the [municipal assem- 
bly] board of aldermen then in office repre- 

ers and drainage of his borough, and shall 

effect. The said presidents of the boroughs 

initiate the making of all plans for the drain- 

of Queens and Richmond stall have such other 
powers relating to street cleaning .within sai'l 

age of his borough, except as otherwise spe- 

cifically provided in title two of this chapter. 

boroughs as are conferred upon the commis- 
sioner of street cleaning by sections five hun- 

He shall have charge of the construction of 

all sewers in accordance with said plans. He 

dred and fortv-one. five hundred and forty- 

shall have in charge the management, care 

three, five hundred and forty-four and five 

senting said borough, and in case of any such 
vacancy it shall be the duty of the mayor forth- 
with to call such members in session tor such 
an election and to preside thereat; but he shall 
not vote unless his vote be necessary to decide 
the election. [In case of the disability of any 
president of the borough caused by protracted 
illness there shall be elected in the same 
manner as for a vacancy a president cf the 
borough pro tempore, who shall act until the 
president is able to perform the duties of 
his office.] 

President; iiowers and duties. 

Sec. 383. [A] The president of a borough 

and maintenance of the sewer and drainage 

hundred and forty-five of this act. 

Whenever by any of the provisions of this 
act pow'ers are conferred or duties are im- 

system of the borough of which he shall be 

president and the licensing of all cisterns and 

cesspools. 

posed upon a president of a boicugh, such 

10. Of the construction, repairs, cleaning 

powers may be exercised and such duties 

and maintenance of public buildings, includ- 

may. be performed, upon the request of said 

ing, markets, except schoolhouses. alms- 

ppesident, by the commissioner of public 

houses, penitentiaries and fire and police sta- 

works of said borough, if such official shall 

tion houses, and other buildings whose care 

have been appointed; and if not, by any sub- 

and custody are otherwise provided for in this 
act. 

11. Of the care and cleaning of all offices 

ordinate duly appointed by the president of 
said borough under the powers conferred 

upon him by this act and duly designated 

leased or occupied for'public uses. 

12. Of the location, establishment, care. 

thereto in writing; and such powers and du- 

erection, and maintenance of the public baths, 
public urinals and public comfort stations; 

ties when exercised or performed by such 

Bl'.all, by virtue of his office, be a member of 
the local board of every district of local im- 
provements in his borough, and chairman 
thereof, entitled to preside at its meetings 
and to vote as any other member. [, but he 
shall not have the power of veto. ] He shall 
have an office in such hall or public building 
of the borough as the [municipal assembly] 
board of aldermen may by resolution direct. 
He may appoint and at pleasure remove a 
commissioner of public works for his borough. 

commissioner of public works or other ap- 

and of the placing of all signs indicating the 

pointee shall be regarded as having been ex- 

ercised or performed by such president in the 
same manner as if such powers and duties 

names of the streets and other public places. 

The president of each borough shall pre- 

had been actually exercised or performed by 

pare all contracts relating to his borough, sub- 
ject to approval as to form by the cor- 
poration counsel. He shall have such other 

such president personally. 

Prestdent <<> call lucetiiigs of local 
board. 

Sec. 384. [A] The president of [the] a 

powers as are expressly conferred upon him 

by this act, and such other powers as may be 

conferred upon him by the board of aldermen. 
He shall make an annual report of the busi- 

borough shall call all meetings of the various 
local boards ot the borough, and shall give 
Ei-.ch notice thereof to the members as the 
oidinacces of the [muricipa' asse.-nbly] board 
of aldermen may require. And ho shall cer- 

who may discharge all the administrative 

powers of the president of the borough relat- 

ness and transactions of his borough to the 

ing to streets, sewers, public buildings and 

mayor. 

The presidents of the boroughs of Queens 

supplies conferred upon him by this act; and 

who shall, in the absence, or iilness of such 

and Richmond shall, each for the borough of 

tify all resolutions, proceedings and deter- 
minations of the local boards of the districts 
of local improvements of his borough. 

Hall.s or buildiag's to lie located in 

each borong'li. 

Sec. 385. There may be [when. prescribed by 
this act] a hall or public building or buildings 
in each borough, at which may be stationed 
deputies of such of the various administra- 
tive departments of the city government, as 
may be authorized by the board of [public 
improvements.] aldermen, for the greater 
ccDvenience of the people ot the city in the 
discharge of the duties thereof, provided such 
deputies or divisions shall be in all things 
as much a part of each department respect- 

president discharge all the duties of such 

which he shall have been elated president, 

president. He shal lhave power to appoint 
S seefeiary and such [other] assistants, 
[and] clerks and subordinates as he may 
deem necessary, if provision be made therefor 
by the board of estimate and apportion- 
ment and the [municipal assembly] 
board of aldermen, [and, with the proper 
appropriation, to fix their salaries.] The 
said secretary, assistants, [and] clerks 
and subordinates shall hold office at the pleas- 
ure of the president, subject to the provi- 

in addition to the powers above specified, have 

cognizance and control: 

1. Of the sweeping and cleaning of the 
streets of the borough, and of the removal or 

other disposition as often as the public health 

and the use of the streets may require, of 

ashes, street sweepings, garbage and other 

light refuse and rubbish, and of the removal 

of snow and ice from leading thoroughfares 

and from such other streets as may be found 

sions of the civil service laws. He shall. 

practicable. 

2. Of the framing of resolutions controlling 

within the borough for which he shall have 

been elected, have cognizance and control: 

the use of sidewalks and gutters by abutting 

1. Of regulating, grading, curbing, flagging 

owners and occupants for the disposition of 

i\ely, and as fully under the head thereof, as 
it the administrative force of said department 
were seated wholly in one building. 

Enialoyiuciit of citgincerN and arebi- 

and guttering of streets and laying of cross- 

sw'cepings. refuse, garbage or light rubbish. 

walks. 

within the borough which, when so framed. 

2. Of constructing and repairing public 

and approved by the board of aldermen shall 

roads. 

be published in like manner as city ordi- 

tectK. 

Sec. 386. The president o! each borough may 

3. Of paving, repaving, resurfacing and re- 

nances, and shall be enforced by the police 

pairing of all streets, and of the relaying of 

department in the same manner and to the 

at anytime employ, when thereto authorized 

all pavements removed for any cause. 

same extent as such ordinances, together with 

by the board ot estimate and apportionment 

4. Of the laying or relaying of surface rail- 

such other powers concerning street cleaning 

and the board of aldermen, a consulting en- 

f ■ - ■ 


THE CHARTER OF THE CITY OF NEW YORK. 




gineer, who shall be an expert iu all m atters ^ 
relating t o s ewers and highways a nd who 
shall have ha d flfteen years' experience as a 
civil enginee r; and a consulting engi neer of 
pu blic buildings, who shall be an expert in i 
the matter of co nstruction, repair and main- I 
tcnance of public building s; and a consulting j 

arc hitect, who shall be an architect of recog- ; 

nized, scientific an d artistic standing of not | 

less than fifteen y ears' experience. All other I 
engineers or assistant engineers appointed ; 
by or under the authority of a borough presi- { 

dent must be c ivil engineers of at lea st ten i 
years' ex perience. 

Tlie onice of coitimlnnioner of afreet 
iiiiproveiiieiitH in the lilScI nii<l i!4th ! 
vv’aril.a aholiahed; ilevointion oi i 
I>ovvcri». I 

Sec. 387. [526.] The office of commissioner of | 
sti'eet improv'ements of the Twenty-third i 
and Twenty-fourth wards of the city of New 1 
York, created by chapter five hundred and | 
forty-five of the laws of eighteen hundred and j 
ninety, is hereby abolished, and all the pow- j 
ers, privileges and duties of the said com- I 
missloner of street improvements for the i 
said Twenty-third and Twenty-fourth wards, j 
which in any way relate to the regulating, 
grading, regrading, cui-Tiing, flagging and gut- 
tering cf streets, laying of crosswalks, the 
constructing and repairing of public roads, | 
paving, repairing and repaving of all streets ! 
and the relaying of all pavements removed j 
for any cause, of the Ailing of sunken lots, j 
or which in any way relate to the sewers and | 
drainage of the said twenty-third and twenty- 
lourth wards, and to the const ruction, repair 
and cleansing of sewers and underground 
drains, and of the licensing of the cisterns 
and cesspools therein, and of all matters in 
any way relating to the constructi on, main - 
tenance and ca re of the sewer system and 
d rainage of said war ds, are hereby, so far as 
the same are consistent with the require- 
ments of this act, devolved upon the [com- 
missioner of highways of The City of New 
York,] president of th e borough of the Bronx 
and arc to be exercised and performed by him 
or by the commissioner of publ ic wo rks ap- 
pointed by him according to the provisions 
of this act. 

Dcvolntlon of powerB of f«iritier bonrils 

See. 388. [527.] All powers and duCies 
wh ich on~the first day of January, nineteen 
irundred an d two, are conferred upon the 
commissioner of highways of The City o^ New 
York, and all pow ers a nd duties wh ich o n 
Deceniber thirtyrflr st, e ig hteen hundred a nd 
nineteen whi ch were conferre d upon the cor- 
poration heretofore known as the mayor, 
aldermen and commonalty of the city of 
New York, or upon any board or officer 
thereof, or upon the corporation known as 
the city of Brooklyn, or upon any board or 
officer thereof, or upon the corporation known 
as Long Island City, or upon any board or offi- 
cer thereof, and upon any other municipal 
corporation, town or village, within the county 
of Richmond, or within [so much of the ter- 
ritory of the county of Queens as is by this 
act annexed to the municipal corporation 
known as the mayor, aldermen and common- 
alty of the city of New York, and consoli- 
dated into the municipality known as The 
City of New York,] the county of Queens, 
in any way relating to the regulating, grad- 
ing, regrading, curbing, flagging, and gut- 
tering of streets, the laying of crosswalks, 
the constructing and repairrcent of public 
roads, paving, repaving and repairieg et »>'’ 


streets, and the relaying of all pavements re- 
raovefl for any cause, the filling of sunken 
lots and all matters directly related thereto, 
are hereby vested In the city of New York, 
as constituted by this act, and as matter of 
administration devolved upon the [commis- 
sioner of highways,] president of the bor- 
ough within which is situated the territory 


to which or to the official representatives of 

which said powers and duties heretofore up- 
pertained, and by him are to be executed pur- 
suant to the provisions, directions and limita- 
tions of this act. 

Devolution of iiovvers of former lioiirtlt 

Sec. 389. [566.] All powers and duties 

heretofore conferred upon the City of 
New York as heretofore known and 
bounded, or any of the officers there- 
of, cr upon the city of Brooklyn, or 
any of the officers thereof, or upon Long 
Island City, or any of the officers thereof, 
or upon any board of public officers acting 
within any of the territory of the county of 
Richmond, o’- within that part of the territory 
of the county of Queens, hereby annexed by 
this act to the corporation known as the may- 
or, aldermen and commonalty of the city of 
Now York, and by this act consolid.tted into 
one munlcipa’. corporation, which in any way 
relate to the public sewers and drainage of 
the said cities, municipal corporations, towns 
or territory, and to the construction, repair 
and cleansing of sewers and underground 
drains and of the licensing of cisterns and 
cesspools therein and to all matters in any way 
concerning the construction and care of the 
sewer system and drainage thereof, so far as 
such powers and duties are consistent with 
and conformable to the provisions of this 
act, are hereby vested in the city of New 
York, and as matter of administration de- 
volved upon the [commissioner of sewers of 
The City of New York,] president of the 
borough within which is situated the terri- 
tory to which or to the official representatives 
of which said powers and duties hereto- 
fore appertained to be by him executed 
in accordance with the provisions, directions 
and liraltatlcns of this act. 

Mails, etc., fo lie returned uver to bor- 

oiikIi prentdeiitN. 

Sec. 390. The commissioner of highways 

and the commissioner of sewers, as eonsti- 

tuted by chapter three hundred and seventy- 

eight of the laws of eighteen hundred and 

ninety-seven, are hereby respectively re- 

quired and directed to turn over and deliver. 

on the first day of January, nineteen hundred 

and two, to the several borough presidents 

of the various boroughs included within The 

City of New York, so far as the same shall 

apply to the borough of which each is presi- 

dent, all maps, plans, models, surveys, books 

and papers relating to highways or to sewers. 

filed with or communicated to said commis- 

sioners respectively or turned over to them or 

either of them by his or their predecessors. 

and all official records and papers of every 

kind in the possession of them or either of 

them. And the commissioner of public build- 

ings. lighting and supplies as constituted by 

chapter three hundred and seventy-eight of 

the laws of eighteen hundred and ninety- 

seven is hereby required and directed to turn 

over and deliver to the various borough presi- 

dents, on the first day of January, nineteen 

hundred and two, all maps, plans, models 

books and papers, and all official records and 

papers of every kind in his possession, re- 


lating to the designing, const ruction and 
maintenance of public buildi ngs, to each 
president such plans as peitai n to the bor- 
ough within which hf^has jurisdiction. 

I'ermit [from department of liin'livvayi* 
necessary] for removals of pave- 
ments. ete.; procedure in case of pav'tc- 
ments reliiid, ete. 

Sec. 391. [525.] No removal of the pavement 
or disturbance of the surface of any street for 
the purpose of constructing vaults or lateral 
ways, digging cellars, laying foundations of 
buildings or other structures, making tower 
connections, or repairing sewers or pipes, of 
laying down gas and water pipes, steam fipes 
and electric wires, or introducing the same 
Into buildings, or for any purpose whatever, 
shall be made until a permit is first had 
from the [department of highways;] presi- 
dent rf the bor-ugh where the work is t o be 
done; and whenever any portion of the pave- 
ment in any street or avenue in said city shall 
have been removed for any of these purposes, 
and such pavement shall net be ralaid in 
a manner satisfactory to the [commissioner.] 
president of said borough, the said [commis- 
sioner] president may cause a notice, in writ- 
ing, to be served upon the person or corpor- 
ation by whom the same was removed, or if 
such removal was for tho purpose of mak- 
ing ccnnection between any house or lot, or 
any sewer or pipes in the street, or for con- 
structing vaults, or otherwise improving any 
house or lot, upon the owner or occupant 
of such house or lot requiring such person or 
corporation, or the owner cr occupant of suph 
house or let, to have such pavement properly 
relaid within five days after service of such 
notice. Such notice may be served upon the 
owner or occupant of a house or lot by leav- 
ing the same with any person of adult age 
upon said premises or posting the same there- 
upon; in case such pavement or portion there- 
of, shall not be relaid to the satisfaction 
of said [commissioner] borough president 
within the time specified in such notice, it 
shall be lawful, and authority is hereby given 
to said [commissioner,] borough president 
to have such pavement, or the portion there- 
of which shall have been so unsatisfactorily 
laid, put in proper order and repair, in such 
manner as [the commissioner] Im may deem 
best, on account of the person or corporation 
by whom such pavement was removed, or of 
the owner of the premises for whose beneflt 
such removal was made. Upon the costs 
of such work being certified to the control- 
ler of the city of New York by the said 
[commissioner.] borough president, with 
a description of the lot or premises to 
Improve which such removal was made, 
said controller shall pay the same, and 
the amount so paid shall become a lien 
and charge upon the premises sc described, 
and, on being certified by the controller to 
the collector of assessments and arrears, 
may be collected in the same manner that 
arrears and water rates are collected under 
the direction of such collector of assessments 
and arrears. But nothing herein contained 
shall be deemed to prohibit said [commis- 
sioner] borough president from demanding, 
before issuing said permit, and as a condition 
thereof, tho deposit of such sum of money or 
other security as, in his judgment, may be 
necessary to pay the cost of properly relaying 
the pavement so removed, together with the 
expense of the inspection thereof. 

Ovei-How fto-ncru; wliere dlBelinrised. 

Sec. 392. [557.] .\ny overflow sewers which 
may be deemed necessary for the relief cf any 
main sewers now constructed or which may 


48 


THE CHARTER OF THE CITY OF NEW YORK, 


hereafter be constructed in said city, may 
be discharged into the waters adjacent to said 
city, or into the Gowanus canal, or any other 
canal or inlet in said city, at such points 
as in [his] the judgment of the president of 
the borough in which said overflow sewer is 
located may be most convenient. 

Canals lo l>o kept free from obsfrnc- 

tions. 

Sec. 3J13. [558.] It shall be the duty of The 
City of New York to keep any canal free from 
any obstructions that may be occasioned by 
[the] reason of the emptying of said overflow 
sewers into it, and for that purpose the [de- 
partment of sewers of said city] president of 
the borough in which such canal is located 
Is authorized and directed to dredge the same 
from time to time. 

[('otiimisnioiier :] Power to oouMtrnet 

temporary sewers, expenses of same. 

Sec. 394. [559.] Whenever it shall become 
necessary to construct a sewer ordrain forthe 
the purpose of preventing damage to property 
or abate a nuisance, and it shall become im- 
practicable to proceed immediately to the 
construction of the same in accordance with 
any plan already adopted, pursuant to title 
2 of this chapter, on the appro\'al of the board 
[of public improvements.] estimate and ap- 
pertionment, the [said commissioner] presi- 
dent of the bo rough within which such neces- 
sity arises shall have power lo construct a 
temporary sewer or drain in such manner as 
to avoid such damage or to abate such nuis- 
ance, and the cost of such temporary sewer 
or drain shall be assessed upon the property ] 
draining into the same and benefited there- 
by. And such assessments shall be enforced, 
levied and collected in the manner provided 
in chapter seventeen of this act. 

Permits for eonstruotiou of private j 

sewers; procedure; becomes property 

of city when paid for by, etc. j 

Sec. 395. [560.] A permit for the construe- \ 
tion of sewers in the streets of said city by I 
private property owners shall only be grant- 
ed upon the parties proposing to construct 
such sewer first filing with the [commis- 
sioner of sewers,] president of the borough 
where said sewer is to be constructed plans 
and specifications df such proposed sewer, 
conforming to the general plan for the 
construction of public sewers in said city, 
[on file in the office of the board of public 
Improvements] and a duplicate copy of the 
contract for the construction of such sewer, 
showing the cost of the construction thereof, 
together with a sc.tisfactory guarantee to said 
[commissioner] borough pr esident for the 
payment of the necessary expense of said de- 
partment of sewers, in the supervision of i 
the construction of said sewer. And upon I 
approval of such plans, specifications and | 
contracts, by the [commissioner of sewers 
and the board of public improvements the 
said commissioner] said borough president, 
he shall issue his permit for the construction 
of such proposed sewer and shall forthwith 
request the board of assessors to apportion the ! 
cost of the construction of said sewer accord- 
ing to actual benefit between the several par- 
cels of property abutting on each side of that | 
part of the street through which said sewer ! 
shall be constructed. The said board j 
of assessors shall as soon afe practi- ' 
cable report such apportionment cf such 
cost to the said [commissicner of sewers,] 
borough president Said [commissioner] boF' 
ough president shall grant permits for con- 
nection with said sewer, to be constructed as 
Aloresaid, only to such owners or occupants of 


the property abutting on that part of such 
street through which said sewer shall be 
constructed as shall produce to said [com- 
missioner of sewers] borough president 
satisfactory proof of the payment by 
him or them to the parties who con- 
structed and paid for such sewer, of the 
amount of the proportionate part of the cost 
of the construction of said sewer appor- 
tioned as aforesaid to the property sought 
to be connected with said sewer, and no per- 
mit shall be issued for, nor sha-.I any con- 
nection be allowed with said sewer, nor with 
any sewer heretofore constructed by the own- 
ers of the abutting property by private con- 
tract from any abutting property until the 
proportionate part of the expense of the con- 
struction of such sewer shall have been paid 
to the parties entitled thereto by the own- 
ers of such abutting property, and satisfactory 
proof thereof made to said [commissioner 
of sewers.] borough president. And when 
constructed, except for the purpose of 
supervision, maintenance and use by The 
City of New York in connection with its 
the city of New York in connection wi»:h its 
public sewer system, said sewer sh-all be 
deemed the private property of the persons 
who shall have i^aid fer its construction until 
ttie owners of all the property abutting on 
tfia*: part: of the street or avenue in which said 
sewer shall be laid, shall have paid their sev- 
eral shares of che cost of the construction of 
said sew'er, but wtaen the same shall have been 
fully paid for by all ;(ae cwmers cf abutting 
property, then the same shall be the property 
of Khe c>;y of New York, and desened to have 
been fully dedicated to &aid city. 

Id.; power to ac«iuire lands for sewers. 

Sec. 396. [561.] The City of New York Is 
authorized to acquire title for the Use of the 
public to all or any of the lands and premises 
required for sewers, or to easements therein 
for that purpose, w'bether the same be above 
or below high-water mark or under water. 
The board of [public improvements,] esti- 
mate and apportionmen t, at the request of 
the [commissioner cf sewers.] president of 
the borough wher^such lands are located, is 
authorized to direct the same to be done. It 
shall be the duty of the corporation counsel, 
when requested in writing by ihe board of 
[public improvements,] estimate and apoor- 
tjonment, immediately to institute a pro- 
ceeding to acquire title for the use of the 
public to lands and premises or easements 
therein, required for the building of sewers or 
drains, in the same manner that is provided 
by this act for the acquisition of lands for 
the purpose of opening streets. 

The expenses incurred in rhe acquisition c? 
such lands and premises, with the buildings 
end ;mprovecaen‘:s ttierecn, so fares the s-ame 
shall be taken in siicfi a prcceeding, shall be 
assessed in accordance with ‘the previsions of 
this act relating 'to the opening of streets upon 
ell the property deemed by the commissioners 
of estimate and assessment appointed in such 
prcceeding *:o be benefited by KVie acquisition 
cf such lands for sucti purpose, and upon the 
owners thereof or persons interee'ted therein. 

Ft*oi>oKul8 and contract.s for sewerage 

work. 

Sec. 39T. [562.] The [commissioner of sew- 
ers,] president Ot each borough, upon the 
completion of the plan of sew'crage of any 
district w ithin the boronugh of which he is 
presid^t, upon the filing o-f copies thereof, 
[as required by title two of this chapter], 
or as soon thereafter as may be deemed con- 
venient and necessary, shall [with the ap- 
proval of the board of public improvements], 
cause printed specifications to be made in 


r> 


accordance with said plan of the work pro- 
posed to be done in said district, and shall 
thereupon invite proposals in the manner 
now required by law, and shall contract for 
the whole or any part of the work in said 
district. 

I 

[CoiniiiiMsioiier] Boron ft 1i i»rewideiit au- 

thorixed to piirclinf^e suiiplic.^. 

Sec. 398. [563.] In order to provide for the 
more effectual and economical construction 
of sewers, the [commissioner of sewers,] 
president of any borough, [with the approval 
of the board of public improvements,] may 
contract in pursuance of law^ for such ma- 
terials used in the construction of sewers 
within the borough of which he is president 
and in such quantities as he may deem prop- 
er: and it shall be the duty of the controller 
cut of the appropriate fund or from the pro- 
ceeds of assessment bonds authorized to be 
issued, upon the requisition of said [com- 
missioner,] borough president, to pay for 
such materials, and the expenses for engi- 
neers. surveyors, inspectors or other persons 
employed by authority of said [commis- 
sioner] borough pres^en^ in the construction 
of sew^ers. ; 

Penally for injury to sewers. 

Sec. 369. [564.] Allprovisionsof lawcreating 
civil and criminal liabilities from wrongs and 
injuries done to the waterworks of The City 
of New York and providing remedies for the 
redress thereof, and the prosecution and 
punishment of persens committing the same, 
shall apply in like manner and extent to 
wrongs and injuries done to sewers in the 
said city. 

Coii»troetiou of luterni »ewcr» on l>e- 

lialf of private owners. 

Sec. 400. [567.] Whenever a majority iii 
amount, according to the last preceding as- 
sessment. of the owners of land comprising 
at least thirty acres in cue body shall peti- 
tion for leave to construct and connect lat- 
eral sewers in and upon the land in question 
the [commissioner of sevrers,] pr eside nt ot 
the borough withi n which said lands shall he 
located, shall unless the same has already 
been done, prepare plans and specifications 
of such proposed sewers conforming to the 
general plan lor the construction of public 
sewers in said city. A [One] copy of said 
plans and specifications shall be filed in the 
office of the [board of public improvements, 
and a duplicate copy in the office of the com- 
missioner of sewers,] said borough pres ident. 
The president of said borough [the commis- 
siou^er of sewers] may require a guaranty 
satisfactory to himself for the payment of 
the necessary expense of the [depart- 
ment of sewers :n the] preparation 
of such plans and specifications. Upon 
the approval of such plans and specifica- 
tions by the [commissioner of sewers and 
the board of public improvements, the com- 
missioner of servers] s aid borough presi- 
^nt. he shall at the request c-f the 
petitioners, cause bids to be advertised ac- 
cording to law for the building of any por- 
tion of said sewers to be named by said pe- 
titioners, but not less than ten thousand dol- 
I lars in amount (or cne mile in length). 
Upon the opening of said bids the [commis- 
sioner of sew'ers,] said borough p resident, 
may award the said contract, as provided b^ 
law. but conditional upon the deposit of the 
amount thereof by or on behalf of the 
petitioners a? hereinafter provided. There- 
upon the [commissioner of sewers.] said 
borough president shall notify in writing 
said petitioners and the controller of 
such award and the amount that will 
be required thereunder to construct and 


49 


THE CHARTER OF THE CITY OF NEW YORK. 


build the said skewers. Within thirty 
days thereafter the said petitioners shall 
pay or cause to be paid to the con- 
troller of the city of New York a sum equal 
to the amount necessary to construct and 
build the said sewers covered by said con- 
tract. If the petitioners shall not pay such 
money to the controller within the time afore- 
said, then all proceedings hereunder shall 
be null and void, and after deducting from 
the money already deposited by or on behalf 
of the petitioners, or secured by them to be 
paid, the amount of all e.xpenses in connec- 
tion with said proposed sewers, the control- 
ler shall return the balance of said money, 
if any, to the petitioners or their assigns. 
If the petitioners shall deposit the money for 
the purpose of carrying out said contract, as 
above provided, the [commissioner of sew- 
ers] s aid b oroug h president shall duly award 
said contract to the bidder entitled thereto, 
and shall proceed to the construction and 
completion of said sewers. When the said 
sewers shall have been completed, the [com- 
missioner of sewers] said boro ugh p resident 
shall deliver to and file with the controller and 
also with the board of assessors of said city a 
certificate setting forth the amount of the 
entire cost of such portion of said sewers, 
including the interest accrued cn said de- 
posit to the date of said certificate, together 
with a map and statement showing the loca- 
tion and general character of the sewer. 
Thereupon said board of assessors shall ap- 
portion and assess the cost of said sewers 
and the ether expenses arising under this 
act upon the lauds and premises affected 
thereby in proportion to the amount of bene- 
fit derived by each of the said lots without 
regard to the assessed valuation thereof, as 
in their judgment shall be just, and shall pre- 
pare a list showing the separate parcels so 
benefited, and the amounts so assessed upon 
the same respectively, and thereupon the 
same proceeding shall be had for confirma- 
tion of said assessment and apportionment as 
is provided in this charter, and said assess- 
ment and apportionment shall include inter- 
est to the date ot such confirmation. The 
confirmation ot said assessment and appor- 
tionment shall be final and conclusive upon 
all owners of land and all persons affected 
thereby. The board of assessors shall there- 
upon divide the amount apportioned and as- 
sessed upon each parcel of land affected 
thereby into twenty equal annual parts or 
installments, together with Interest upon each 
installment at the rate of six per centum 
per annum from the date of such confirma- 
tion of the apportionment and assessment to 
the first day of December in each of said 
twenty years successively, and shall duly 
enter their said apportionment and assess- 
ment, with interest as aforesaid, and in said 
twenty yearly installments, in books which 
they shall properly certify. Thereupon said 
board shall deliver to and file in the offices 
of the controller and of the collector of as- 
sessments and arrears, respectively, one copy 
cf said books of apportionment and assess- 
ment. On the first day of September in each 
of said twenty years, respectively, the said 
assessment for said year shall be and be- 
come a lien upon the lands or parcels of 
land affected thereby, and the said filing 
in his office of the . said apportionment and 
assessment shall be to the collector of as- 
sessments and arrears a full and proper war- 
rant for collecting the installments so levied, 
as they respectively become due in each 
year. The said installments so levied shall 
in each case be due and payable on the first 
day of December in each year, and accord- 
ing to said apportionment and assessment, 
shall be collected in, the same manner and 
subject to the same rebate and default as 


is. provided by law in the case of assess- 
ments in said city affecting the lands in 
question, and all the provisions of law ap- 
plicable to the sale of lands for the non- 
payment of assessments in the said city af- 
fecting the lands in quest ion shall apply 
to the said assessments provided for here- 
in. Each one cf the said several annual in- 
stallments levied as aforesaid in each year 
shall, notwithstanding any other prevision 
of this charter, be a lien upon the land or 
parcels of land affected thereby only from 
the time the same shall be respectively levied. 
The owner of any parcel of land so assessed 
may at any time after the first Installment 
shall have become due and payable, pay to 
the controller of the city of New York all 
the inkallments not levied of the 3um made 
chargeable cn the said land, as ascertained 
by the board of assessors as provided for 
in this section, with the proper deduction or 
rebate for any interest for any period sub- 
sequent to the date of said payment and in- 
cluded in said unpaid installments respec- 
tively upon said books. Thereupon the said 
land shall be discharged from ali further 
liability on account of such assessments. 
Fcr the purpose ot making such payment, 
such owner shall present to the controller 
the, certificate of the collector of assessments 
and arrears showing the amount of the said 
installments not levied and paid, and upon 
receiving such payment the controller shall 
certify the same to the collector of assess- 
ments and arrears, who shall thereupon can- 
cel the assessments so paid. The collector 
of assessments and arrears shall cause to 
be printed on ali bills made out in his of- 
fice for installments of said assessments a 
reference to this section and a notification 
that the remaining installments niay be paid 
and canceled in the manner herein provided. 
Whenever the petitioners or tbeir assigns, or 
nominees, shall have paid, oi shall have 
caused to be paid to the controller the sum 
of money required to construct and build 
said sewers or anv portions thereof, as speci- 
fied in the said contract or contracts, they 
shall be entitled to receive the moneys and 
ali interest thereon to be assessed and coi- 
lected under this act, and all such moneys 
and interest so collected upon said assess- 
ment shall forthwith be paid over to the 
said petitioners, or their nominees or as- 
signs. Whenever the said money shali have 
been so paid by said petitioners, or their nom- 
inees or assigns, the controller shall exe- 
cute to the person or corporation so paying 
said money a certificate in writing, seating 
that ,said money has been so paid, and that 
the person or corporation holding said certifi- 
cate is entitled to receive the money so as- 
sessed together with interest thereon at the 
rate of oix per centum per annum, and that 
the city will pay over from time to time 
said moneys and interest as [they] it shall be 
received and collected under this section. The 
petii.ioners, or their assigns, may from time 
to time designate various portions of • said 
sewers, not less than the amount above speci- 
fied, to be built and completed as herein pro- 
vided and thereupon the same proceedings as 
above provided shall be taken for the build- 
ing and completing of the said sewers so 
successively designated, and for assessing 
and collecting the amounts expended for con- 
structing said sewers. In [constructing] 
construing this section, sewers twenty- 
four inches or less in diameter shall 
be deemed to be lateral sewers, and 
all sewers exceeding twenty-four inches 
in diameter shall be deemed to be 
trunk sewers. If, in any case, the moneys 
deposited with the controller shall e.xceed the 
cost of building and completing the sewers 
for which the said moneys were deposited, 


the controller shall, unon fi^mertaining this 
fact, pay ever such surpluc to the petition- 
ers or their assigns or nominees. If the 
mrney so deposited shall not be found suf- 
ficient to complete the sowers fcr which 
the same were deposited, then the control- 
ler may demand of the petitioners, or their 
assigns or nominees, the balance required 
to build and complete said sewers, and in 
case of their failure to pay the same, the 
controller may retain any such balance out 
of the first moneys coming into his. hands 
from assessments upen the property upon 
which the said sewers were constructed. The 
petitioners shall have the right to appoint in 
writing an attorney or nominee to renreseut 
them in relation to said ss'-.'ers before ai.y 
of the authorities of the: city, and lo re- 
ceive any moneys payable hereunder or do 
any act or receive any notice required here- 
under. Such appointment of a nominee or 
attorney shall be irrevocable wdthoat th« 
consent of said nominee or attorney. Noth- 
ing li»rein contained shall in any way pre- 
vent the city of New York from taking such 
action as it may deem proper to build lateral 
sewers upon or do any other act in relation 
to any ot the property mentioned in said 
petition. This section shall apply to the bor- 
oughs cf Brooklyn and Queens in the city of 
New York. 

CouKti-netloii of Sewage DispoKiiI 
Work.s or Plants and Api>nrtenniiee.s, 
and providing- lor tlie puyineiit of Hie 
cost thereof Iiy local n.HseHsnient. 

Sec. _401. [568.] Wherever in this act 

known as “the Greater New York Charter," 
or in any other act or acts applicable to The 
City ot New York, or the mayor, aldermen and 
commonalty of The City of New York, flic 
words “sewer" or “sewers” or the words “con- 
struction. repairing and cleansing of sewer.s 
and underground drains,” or the words “map 
or plan for the proper sewerage and drain- 
age,” or the words “the construction and care 
and maintenance of the sewer system and 
drainages,” or the words “local improve- 
ment” shall occur, the said words shall be 
construed to include and to mean sewage dis- 
posals works or plants, and the necessary ap- 
purtenances thereto. It is the’ intent and 
meaning of this section that sewage disposal 
works or plants and the necessary appurte- 
nances thereto, shall be construed as being 
a part and parcel of a sewer, and the cost of 
constructing and erecting the same shall be 
paid for by local assessments upon the prop- 
erty deemed to be benefited thereby in the 
same way as the cost of constructing a sewer 
and appurtenances is [now] paid for in The 
City of New Yoik, and the cost of repairing, 
cleansing and maintaining such sewage cVn- 
posal works or plants • and appurtenances, 
shall be paid for in the same way as the cost 
ot repairing, cleansing and maintaining sew- 
ers and underground drains are [now] paid 
for. Power and authority to construct and 
erect and maintain sewage disposal works or 
plant's and the necessary appurtenances 
thereto in The City of New York is hereby 
granted to the same authorities as the power 
to construct sewers and appurtenances Is 
granted, such construction and erection and 
maintenance to be done under and pursuant 
to and in compliance with the same laws and 
regulations as apply to the construction and 
maintenance of sewers and appurtenances 
thereto. 

TITLE 2. 

OK 2*1 

.\l>|>ointiu<*iit of MniteriiitcndentM 
iiii.-iMioiierNl; <|(ialtfl«-nti»iiM: j ii riMil ic- 
tioii; KaInrieK. 

Sec. 405. [641. The local head of the depart- 
raeui of buildings shall be called the board of 


THE CHARTER OF THE CITY OF NEW YORK. 


buildings. Said board shall consist of three 
members to be known as commissioners of 
buildings. They shall be appointed by the 
mayor and shall hold their respective offices 
as provided in chapter four of this act. Each 
of said commissioners shall be a com- 
petent architect or builder of at least 
ten years’ e.xperience. One of said 
commissioners shall be the president of 
the board, and shall be so designated by the 
mayor. In appointing such commissioners the 
mayor shall specify the borough or boroughs 
In which they are respectively to have ad- 
ministrative jurisdiction, to wit: One in the 
boroughs of Manhattan and the Bronx; one in 
the borough of Brooklyn, and one in the bor- 
oughs of Queens and Richmond. The princi- 
pal office of the department of buildings shall 
be in the borough of Manhattan. There shall 
be a branch office in the borough of Brooklyn 
and a branch office may be established in any 
of the other boroughs, in the discretion of the 
board. The salary of the commissioner of 
buildings for the boroughs of Manhattan and 
the Bronx, and the salary of the commissioner 
of buildings for the borough of Brooklyn, shall 
In each case be $7,000 a year. The salary of the 
commissioner of buildings for the boroughs ol 
Queens and Richmond shall be $3,500 a year.J 
There shall be in the office of each borough 
president a bureau to be known as “th e bu- 
reau of buildings for the borough of .“ 


The presidents of the boroughs of Manhat- 
tan, The Bronx and Brooklyn shall each, 
within the borough for which he is elected, 
appoint a superintendent of buildings for the 
borough. The presidents of t he boroughs of 
Queens and Richmond may. whenever appro- 
priation is made therefor by the board of 
aldermen upon the recommendation of the 
board of estimate and apportionment, each 
within the borough for which he is elected, 
in like manner appoint a superintendent of 
buildings for the borough. Every super in- 
tendent of buildings so appointed shall be a 
competent architect or builder of at least 
ten years’ experience. The president of a 
borough may, whenever in his judgment the 
public interests shall require, remove the su- 
perintendent of buildings of his borough. 


I visions of this section, or. in the case of the 
I boroughs of Queens and Richmond, the bor- 
; ough president in case he shall n ot have ap- 

I point ed a superintenden t of buildings. 

Duties of superinteinleiits [eoiunii.s- 
sioiiers]; iippointment and removal 
of siiliordliintes. 

Sec. 406. [648]. Each superintendent of 
buildi ngs [commissioner] shall, within the 
borough or boroughs in which he [is appoint- 
ed to exercise administrative] has jurisdic- 
tion, have charge of the administration o', 
and it shall be his duty, subject to and in ac- 
cordance with the general rules and regula- 
tions established by the [board] president of 
the borough, to enforce such rules and regu- 
lations and the provisions of this chapter 
and of such ordinances as may be established 
by the [municipal assembly] board of aider- 
men, and of the laws relating to the con- 
struction, alteration or removal of buildings 
or other structures erected or to be erected 
with such borough. [or boroughs. Each 
commissioner] Each superintendent of build- 
ings within the limits of his appropriation 
.shall have power to appoint and at pleasure 
to remove such subordinate officers, as fol- 
lows: Such [superintendents] chief inspect- 
ors of buildings, and such inspectors of build- 
ings, engineers, clerks, messengers, assist- 
ants and other subordinates as in his judg- 
ment may be necessary and proper to carry 
out and enforce such rules and regulations 
i and ordinance.'! and the provisions of said 
I laws and of this chapter within the borough 
1 [or boroughs] under his jurisdiction. The 
[superintendents] chief inspectors of build- 
I ings shall each be a competent arc'nitect, en- 
i gineer or builder of at least ten years’ prac- 
j tice. The inspectors shall be competent men, 
i either architects, engineers, masons, carpen- 
! ters, plumbers or iron workers, who shall 
' have served at least five years as such. It 
shall not be lawful for any officer or em- 
ploye in the [de- artment] building bureau 
I of any borough to be engaged in conducting 
! or carrying on business as an architect, civil 
engineer, carpenter, plumber, iron worker, 
mason or builder while holding office in the 
[department] bureau, or to be engaged in 
the manufacture or sale of articles entering 


buildings or other subordinate appointed by 
him or by any predecessor in office from the 
service of the [department] bureau at any 
I time in his discretion, ^y officei^or em- 
I ploye of or in the bureau of buildings of any 
I borough, or police officer thereto detailed, 
i who sha ll ask, solicit or acc ept o r recei ve 
' any money or other compensation for en- 
forcing or not enforcing or for modifying or 
changing any order or requirement of said 
bureau shall be guilty of a felony. 

. C(>iitiiin;i4ion and repeal of existing: 
I InivH; bnildina code. 

! Sec. 407. [647. The several acts in effect at 
' the time of the passage of this act concerning, 
affecting or relating to the construction, al- 
teration or removal of buildings or other 
. struotures in any of the municipal and public 
I corporations included within the city of New 
' York, as constituted by this act, are hereby 
continued in full force and effect in such mu- 
, nicipal and public corporations respectively, 

I except in so far as the same are inconsistent 
I with or are modified by this act, provided, 
however, that the municipal assembly shall 
have power to establish, and from time to 
time to amend a code of ordinances, to be 
known as th<. Building Code, providing for 
all matters concerning, affectfng or relating 
to the construction, alteration or removal of 
buildings or structures erected or to be erect- 
ed in the city of New York, as constituted 
by this act, and for the purpose of preparing 
such opde to appoint and employ a commis- 
sion of experts; and provided further that 
upon the establishment of such code the sev- 
eral acts first above mentioned shall cease to 
have any force or effect, and are hereby re- 
pealed, but such repeal shall not take effect 
until such building code shall be estab- 
lished by the municipal assembly as herein 
provided. The provisions of such “building 
code” shall be in conformity with and be sub- 
ject to all general laws of the state concern- 
ing. affecting or relating to buildings, or 
classes of buildings, or other structures.] 
The board of aldermen is authorized by or- 
dlnance to regulate and restrict the height 


Every such superintendent shall hold office ; into the construction of buildings, or act as 


until hi.s successor is appointed and has 
qualified. The salaries of the superintendents 
of buildings in the boroughs of Manhattan, 
The Bronx and Brooklyn shall, unless other- 
wise fixed as provided in this act, be $5,000 a 
year. The salary of the superintendent of 
buildings in the borough of Queens (if that 
offn.e is create!) shall, unless otherwise fixed 
as provided in this act, be $3,500 a year. The 
salary of the superintendent of buildings in 
the borough of Richmond (if that office is 
created) shall, unless otherwise fixed as pro- 
vlded in this act, be $2,500 a year. In case no 
superintendent of buildings is appointed by 
either the president of I he borough of 
Queens or the pr esident of the borou gh of 
Richmond, then the presidents of said bor- 
oughs respective! shall each within the bor- 


ough for which he h as been elected, exercise 
all the powers and discharge all the duties 
of a super intendent of buil dings for that 
borough. The words “superintendent of 
buildings” wherever used in the subsequent 
sections of th is chapter shall be taken and 
held to mean a superintendent of buildings 
for any borough lawfully appointed by the 
president thereof, under the preceding pro- 
^ ^ 


agent for any person engaged in the manu- 
facture or sale of such articles or own stock 
in anj' corporation engaged in the manu- 
facture or sale of such articles. Each [com- 
missioner] superintendent of buildings shall 
have power to designate in writing one of 
the [superintendents of buildings or any of 
I the] inspectors so appointed by him to act 
I on any survey authorized by law. or to per- 
! form such other duties as the said [com- 
'missloner] superintendent may direct. Each 
[commissioner] superintendent of buildings 
may designate a [superintendent] chief in- 
spector of buildings, who, during the ab- 
sence or inability of such [commissioner.] 
superintendent shall possess all the powers 
and perform all [the] his duties so far as 
they relate to buildings [of such commission- 
er]. .\ny employe, for any neglect of duty, 
or omission to properly perform his duty, for 
violation of rules, or neglect or disobedience 
cf c rders. or incapacity, or absence without 
leave, may be punished by the [commission- 
er] officer appointing him by forfeiting and 
withholding pay for a specified time, or by 
suspension from duty with or without pay; 
but this provision shall not be deemed to 
abridge the right of said [commissioner] 
officer to remove or dismiss any inspector of 


of buildings to be hereafter erected in the 


city. When any ordinance on that subject 


is introduced, the board of aldermen shall 


provide for public hearings in reference there- 


to. before ii or before appropriate commit- 


tees; and no ordinance restricting the height 
of buildings shall be passed unless It is 


approved beforehand by the board of esti- 
mate and apportionment by a resolution or 
vote of a majority of the members of such 
board entered on its minutes or record, and 


unless i t shall be p a ssed by a ma jority of 
all the m embers elected to the board of a lder- 
men, the vote being taken by a yes and n oes. 
The buildine code which shall be in force 


in The City of New York on the first day of 
January, nineteen hundred and two, and all 


.hen existing provisions of law fixing the 


P- naitios f' r ’-iolation of said code and all 


u 1 lisUiig laws affecting or relating to 
the construction, alteration or removal of 
I'Uilctings or other structures within The C i t j' 
of New York are hereby declared to be bind- 


ing and in force in The City of New York and 
shall continue to be so binding and in force 
except as the same may from time to time 
bo revised, altered, amended or repealed as 
herein provided. No right or remedy of any 
character shall be l ost or impaired or affected 
bv reason of this cha pter. This chapter shall 
not affect or impair any act or right ac- 


51 


THE 


cr uiiig. accr ued or acquired or penally, for- 
feiture or punishment incurred prior ~ to the 
time when th is act takes efiect or by virtue 
of any law repealed or m odiHed by thiFchap- 
tor. but ‘the same ma y be asserted, enforced, 
pros ecuted, dr inflicted as fuiiy and to the 
same extent as if t his act had not been passed 
^snid ^aw had not been repealed or modified. 
The itnard of aidermen sbali have power 
Iron^ time to time to amend said buiiding 
code and said laws a nd to provide therein 
fo r all matters concer ning, aflecting or re- 
lating to the construction , alteration or re- 
inoval of buildings or structures erected or 
to . be er ected in Th e City of New York and 
for the purpose of prep aring or amending 
such code to appoint and em ploy a commis- 
sion of experts. 

[tteiiernl powers of ooiii iii iNMioiiei'N mi- 
ller existing' IiiwK.] (teiieriil provi- 
sions relntive to e.vistiiiK' linililiiiu' 
laws. 

Sec. 408. [646.3 The [commissioner for] 
superintend ent of build ings appointed by the 
presid ent of the borough [s] of Manhattan 
[and The Bronx] shall within such bor- 
ough [s] in addition to the powers, rights 
and duties expressly conferred or imposed 
upon him by this act and exercise all the 
powers, rights and duties, and shall be sub- 
ject to all the obligations heretofore vested 
in, conferred upon or required of the board 
of buildings of The C ity of New York and 
of the com missioner of buildings appoint- 
ed for the boroughs of Manhattan and The 
Bronx [of the department of buildings or 
the superintendent of buildings of the city 
of New York as heretofore constituted] 
so far as they r elate to the Borough of Man- 
hattan and except in so far as the same are 
inconsistent with or are modified by this 
act. The superintendent of buildings ap- 
pointed by the president of the borough of 
The Bronx shall within such borough in ad- 
dition to the powers, rights and duties ex- 
pressly conferred upon him by this act, and 
except as hereinafter expressly provided, pos- 
sess and exercise all the powers, rights and 
duties and shall be subject to all the obliga- 
tions heretofore vested in, conferred upop or 
reouired of the board of buildings of The 
City of New York and of the commissioner 
of buildings appointed for the boroug hs of 
^lanhattan and The Bronx, so far as they 
relate to the borough of The Bronx and e^ 
cept in so f ar as the same are in consistent 
with or are modified by this act. The [com- 
missioner for] superintendent of buildings 
appointed by the president oi the borough of 
Brooklyn shall, within such borough, in ad- 
dition to the powers, rights and duties ex- 
pressly conferred or imposed upon him by 
this act, possess and exercise all the pow- 
ers. rights and duties, and shall be subject 
to a!! the obligations heretofore vested in, 
conferred upon or required of the board of 
Ivt'ldings of The City of N ew York and of t he 
commissioner of buildings appointed f or t he 
borough of Brooklyn [department of build- 
ings in the city of Brooklyn as heretofore 
constituted] so far as they relate io the 
boroitgh of Brooklyn and except in so far , 
as the same are inconsistent with or are ! 
modified by this act. The [commissioner! 
for] jiresident of the borough cf Queens in 
(iisr be shall not appoint n sitpcrinte ndent of | 
iTTildings, and if h e sha ll appoint suclw ^ ' 
lierintendent, then suej^ superinicndettt [and ^ 


CHARTER OF THE CITY OF NEW YORK. 


Richmond] shall within such borough [s 
respectively] in addition to the powers, 
rights and duties expressly conferred or im- 
posed upon him by this act. possess and ex- 
ercise all the powers, rights and ditties, and 
shall be subject to all the obligations here- 
tofore vested in, conferred upon or required 
of the board of buildings of The City of New 
York a nd of the commissioner of buildings 
appointed f or the boroughs of Queens and 
Rmhmond_ [any department, commission, 
board or officer of Long Island City as here- 
tofere constituted or of any town or village 
as heretofore constituted which is comprised 
1 within that portion of the city of Queens in- 
i eluded jn The City of New York as consti- 
I tilted by this act or which is] so far as they 
relate to the borough of Queens and except 
in so far us the same are inconsistent with or 
are modified by this act. The president of 
t he borough of R ichmond, in case he sh^ll 
not appoint a superintendent of buildings , 
and if he shall appoint such a superintendent, 
then such supe rintendent shall within such 
^cjrough, in addition to the powers, rights 
and duties expressly conferred or imposed 
upon him by this act. possess and exercise 
all the powers, rights and duties, and s hall 
be subject to all obligations heretofore vested 
in. conferred upon or required of the board 
of buildings of The City of New York and of 
the commissioner of buildings appointed for 
the borough of Queens and 1 'n’.imond. so f^' 

I as they relate to the boroug h of Queens. 
[ of any department, commission, board or 
officers of any town or village in the county 
of Richmond as heretofore constituted so far 
as such powers, rights, duties and obliga- 
tions concern, affect, or relate to the con- 
struction. alteration or removal of any build- 
ing or structure erected or to be erected with- 
in said boroughs or either of them] and ex- 
cept In so far as the same are inconsistent 
with or are modified by this act. 

Hiilex mill ren'uln^ioiiH. 

Sec. 4011. [645. The board] Each presi- 

dent of~a borough shall have [the] power 
[by a vote of a majority of its members] to 
establish general rules and regulations for 
the administration of the building department 
of this borough, and such other rules and 
regulations as were authorized by law at 
the time of the passage of [this act] chap- 
ter three hund red and seve nt y-eight of the 
laws of eighteen hundred and ninety-seven 
to be established by the superintendent of 
buildings in The City of New York, or by 
the commissioner of the department of build- 
ings in the city of Brooklyn, as said cities 
wer,.* formerly constituted. Such rules and 
regulations shall, so far as practicable, be 
uniform in all the boroughs, but the [board] 
president of the borough shall have power, 
from time to time, to amend or repeal such 
rules and regulations when in [the] his 
opinion [of a majority of the commission- 
ers] it shall seem necessary or desirable. 
[The board shall also have the power to ap- 
point a secretaiy. and within the limits of 
its appropriation to appoint such subordi- 
nate officers as may be necessary for the 
proper conducL of the office of the depari- 
metii.] 

I’ower til tlic iiro vCsimis iif laii. 

Sec. 110. [650.] Each superintendent 

liui'.dings [commissioner]. shall have 
power, will'. the approval of .bn 
[board] president of the borough in 
case the superintendent o.'' buildings is 
a difiercut individual from the presi- 


dent of the borough. Io vary or modify any 
rule or regulation of the [board] . president 
of I he borough or the provisions of this chap- 
ter or of any existing law or ordinance relat- 
ing to the construction, alteration or removal 
of any building or structure erected or to be 
erected within his jurisdiction upon. an ap- 
plication to him therefor in writing by the 
owner, of such building or structure, or his 
duly authorized agent, where there are prac- 
tical diffleuitios in the way of carrying out 
the strict letter of the law, so that the spirit 
of the law shall be observed and public safe- 
ty secured and substantial justice done: 
[but no such variation or modification shall 
be granted or allowed except by a vote of a 
majority of the board]. Where such appli- 
cation has been filed with a [commissioner] 
superintendent of buildings the owner of such 
builoing or structure or his duly authorized 
agent shall have the right to present a pe- 
tition to such [commissioner and the board] 
superintendent of buildings, setting forth tlie 
grounds for the desired variation or modifi- 
cation. and may appear before [said board] 
him and be heard. The [board] said officer 
shall fix a date within a reasonable time for 
a hearing upon such application and shall as 
soon as practicable render a decision there- 
on, which decision shall be final. The par- 
ticulars of each such application and of the 
decision [of the board] thereon shall be en- 
tered upon the records of the [board] build- 
ing department of such borough, and it the 
application is granted a certificate therefor, 
to.gether with a statement of the reasons for 
such decision, shall be issued by the [com- 
misfcionor] officer to whom the application is 
made and shall be counter signed by, the 
president of the borough [secretary of the 
board]. 

|l>ei'lMiiiiiK Ilf l■ll■llIlliM.sil>uel■s;'] A|i|ien1.'i, 

Sec. 411. [64;i.] Each [commissioner] su- 

perintendent of buildings shall have power 
and it shall be his duty, subject to the pro- 
visions of law and the ordinances of the 
[municipal assemblr] board of aldermen, 
and the general rules and regulations estab- 
lished [by the board.] according to law to 
pass upon any question relative to the mode, 
manner of construction or materials to bo used 
in the erection or alteration of any building 
or other structure erected or to be erected 
within the borough [or boroughs] under his 
jurisdiction which is included within the 
provisions of this chapter or of any existing 
aw applicable to such borough [or boroughs] 
relating to the construction, alteration or re- 
moval of buildings or other structures, and to 
require that such mode, manner of construc- 
tion, or materials shall conform to the true 
intent and meaning of the several provisions 
of this chapter and cf the laws and ordinances 
afo-resaid and the rules and regulations estab- 
lished by the president of the borough, 
[board]. Whenever a [commissioner] su- 
perintendent of buildings to whom such ques-^ 
lion has been submitted, shall reject or re- 
fuse to approve the mode, manner of con- 
struction or materials proposed to be fol- 
lowed or used in the erection or alteration of 
anv such building or structure, or wheu it 
is claimed that ihe rules and regulations of 
tile [board] president of the borough or the 
provisions of law or of said ordinances; do 
not apply, or that an equally good and more 
desirable form of f:oustrucliou can bo om- 
l-loyed in any specific case, the owneb Cf stich 
building or structure, or hi.s duly authorized 
agent, may appeal from the dcci.sioii of 
such snperiutendeni [commissioner to the 
board ill any ease] where the amount involved 




THE CHARTER OF THE CITY OF NEW YORK. 


by such decision shall exceed the sum o! one 
ihousand dollars [; provided, however, that 
in the boroughs of Manhattan and The 
Bronx such appeal shall be taken to the 
beard of e;caniiners, estab’ished by chapter 
four hundred and flfey-six of the laws of j 
eighteen hundred and eighty-five and the | 
several acts amendatory thereof or supple- j 
mental thereto. The commissioner for the bor- i 
oughs of Manhattan and the Bronx shall be j 
ex-officio a member and the chairman of said ■ 
board of examiners. The other members of 
said board of examiners shall be the persons 
mentioned and described in section thirty-one 
of said chapter four hundred and fifty-six of 
the laws of eighteen hundred and eighty- 
five and the several acts amendatory thereof 
or supplemental thereto]. Such appeal shall 
be heard by a board of examiners consisting 
of one member of the New York chapter of 
the America n Institute of Architects, one 
member of the New York B oa rd of Fi re Vn~ 
derwriters, two members of the Mechanics' 
and Tra ders* Exchange of said citv, one of 
whom shall be a m aster mason and one a 
master carpenter, one member of the Society 
of Architectural Iron Manufactur ers of s aid 
city, and one member of the Real Estate 
Owners and Builders' Association of said city, 
who shall be an architect or builder, and the 
chief of the fire department of The Citv of 
New York, all of whom shall be anpointed by 
their respective associations and so certified 
to annually to the mayor of The City of New 
York. The said e xaminers shall eacn take the 
usual oath of office before entering upon the 
performance of their duties. The mayor shall 
annually designate one of said examiners as 
the presiding officer of said board. At least 
five affirmative votes shall be necessary to the 
granting of any petition by said board. No 
member of sa id board shall pass upon any 
q uestion in which he is personall y interested. 
The said board shall meet once a week v.pon 
notice from any of the sup erintend en ts of 
buildingfe. The member s of said board of 
examiners shall be entitled to and sh all re- 
ceive ten dollars for each attendance at a 
meeting of said board, to be paid bv the 
controller from an appropriate fund to be 
provided by the board of estimate and appor- 
tionment and the board of aldermen, upon 
the voucher of the clerk of said board of ex- 


able time for the hearing of such appeal, and j disposition of said plans, books, papers and 
upon such hearing the appellant may be rep- | records, the presidents of the various bor- 
reseuted either in person or by his agent or ; oughs s hall meet together and devise a plan 
attorney. The decision of [the board ^ of j such distribution, which plan w hen ap - 
buiidings or] the board of examiners, [as | the mayor shall be f ollowed by 

the case may be,] upon such appeal, shall j said oresidents and said comniissiomers 
be rendered without unnecessary delay, and ^YeTr^i^^ion^oTW^ch plans, books. 


such decision shall be final. 


aminers. The clerk of the beard of exam- 
iners shall be appointed and may be removed 
by the mayor of The City of New Yrrk. and 
shall receive a salary of one thousand five 
hundred dollars. The appeal authorized by 
this section may be taken within ten days 
from the entry of a decision upon the records 
of the superintendent of buildings [commis- 
sioner] by filing with the officer [the com- 
missioner] rendering such decision and [with 
the secretary of the board established by 
this act or] with the clerk of the board of 
examiners [as the case may be. a notice 
of appeal, stating specifically the questions 
which the appellant desires to have passed 
upon by the board of buildings or by the 
board of examiners as the case may be] and 
by filing with [the secretary of the board of 
buildings or] the clerk of the board of ex- 
aminers [as the case may be] copies ct all 
papers required by law or by the rules and 
regulations of the [board of buildings] presj^ 
dent of the borough, to be submitted [to the 
commissioner] upon an application for a 
building permit, and [the board of buildings 
or] the board of examiners [as the case may 
be] shall thereafter fix a day within a reason- 


Aeeouiits; animal mutest t expend i- 

tii rest. 

Sec. il2. [6^1-] Each [commissioner] 
superintendent of buildings shall keeo ac- 
curate and detailed accounts, in a form ap- | 
proved by the [commissioners of accounts] 
controller of all moneys received and ex- 
pended by him. the .sources from ^'hich 
they are received and the purposes for 
which ihey are expended, [and shall prepare 
itemized monthly statements of all receipts 
and expenditures in duplicate, one of which 
statements, together with all vouchers, shall 
be filed witb the controller, and one of w'hich 
shall be filed in his own office. Each com- 
missioner shall, on or before the first day of 
September in each year prepare an itemized 
estima’te of his necessary expenses for the 
ensuing fiscal year and present the 

same to the board. The three esti- 
mates so prepared as revised by the 
board shall together constitute the annual 
estimate of the department of buildings, and 
shall be submitted to the board of estimate 
and apportionment within the time prescribed 
by this act for the submission of estimates 
for the several departments of the city. No 
commissioner shall incur any expense for any 
purpose in excess of the amount appropriated 
therefor; nor snail he expend any money j 
so appropriated for any purpose other than j 


records and papers relating to buildings. 


CHAPTEK X. * ^ 

[THE liOAKU OF PIBLIC IMPUOVE- 
MENTS. 

Title 1. Board of public improvements. -- 

2. Map or plan of the city of. New Y^ork; 
map of sewer system and sewer d.s- 
rricts, 

3. General provisions relating to Ja- 

partoients. 

4. Dep-artmeat of water supply. 

5. Depai^tment of highways. 

6. Department of ss^ree: cleaning 

7. Department of sewers. 

8. Department of public buildings, 

;:ghting.and supplies. 

9. Department of oridges.] 

< 0\TH VC’TS AND L.OCAI. IM PROVE- 


Title 1- General provisions relating to con- 
tracts. 

2. Local boards. 

3. Local improvements, 

4. Maps and plans. 

TITLE 1. 

GEN ERAL PRO A ISIONS R ELAT ING TO 
CONTRACTS. 


that for which it w'as appropriated.] 

Rei'oril of uiMili<*nlion». 

Sec. 413. [652.] Each [commissioner] 

superintendent of buildings shall keep a 
record of all applications presented to him 
concerning, affecting or relating to the con- 
struction. alteration or removal of buildings 
or other structures. Such record shall include 
the date of the filing of each such application; 
the nanio and address of the applicant; the 
name and address of the owner of the land on 
which the structure mention^'d in such appli- 
cation is situated; the names and addres'ses 
of the architect and builder employed there- 
on; a designation of the premises by street 
number, or otherwise sufficient to identify 
the same; a statement of the nature and pro- 
posed use of such structure; and a brief 
statement of the nature of the application, 
together with a memorandum of the deci&ion 
Of the [commissioner] superintendent upon 
such application and the date of the rendi- 
tion of such decision. The books containing 
such records are hereby declared to be pub- 
lic records, and shall be open to inspection 
at all reasonable limes. 

piMtiM, eti*., to he ilelivered to 

horoiiift’li preMiiieiit.H. 

Sec. 414. Bach commissioner of buildings 
as constituted by chapter three hundred and 
seventy-eight of the law^s of eighteen hun- 


! L>liiiiieii»ul a«Keiiibl> :] R^ard of 
men; rewtrietlou on powers* of. 

Sec. 417. [414.] It shall not be lawful for 
the [municipal assembly] bo^d of a lder men 
to enter directly into. contract for any public 
work or improvement whatsoever. [When 
proposals , to enter upon public work 
of any character failing within the jurisdic- 
tion Of the various departments represented 
in the beard of public improvements originate 
in the municipal assembly, before an ordin- 
ance cr resolution authorizing the same or 
providing money therefor shall be adopted, 
a report must be had from the board of pub- 
lic improvements as to the desirability there- 
of. Said board shall report in as much de- 
tail as possible, and shall submit an approxi- 
mate, and, whenever practicable, a detailed 
estimate of cost. If the report of the beard 
of public improvements be favorable to the 
project, an ordinance or resolution author- 
izing the same may be passed in the usual 
I manner; but, if the report of the board of 
! public improvements be unfavorable, an or- 
' dinance or resolution authorizing the project 
shall be passed only by a vote of five-sixths 
of both houses of the municipal assembly and 
be approved by the mayor.] 

[Miiiileipnl assembly:! Board of alder * 
men: further rentriet I oiim. 

Sec. 418. [424.] It shall not be lawful for 


dred and ninetv-seven is hereby required and 1 ^he [municipal assembly] board alder- 
directed to turn over and deliver on January ! to release any contractor with the city 
first, nineteen hundred and two. to the presi- 


dent of each b^rouFb so far as the same shall 
apply to the borough of which he is president, | 
all plans, records, books, and papers relat- 


ing to buildings filed wita or deposited Avith 
said commissioner or turned over to him 
by his predecessor and all official records and 
papers of every kind in his possession. In 
case any doubt shall arise as to the proper 


or with any of the departments, boards, bu- 
reaus or officers thereof, from any fine or pen- 
alty incurred under his contract, save upon 
* the unanimous recommendations of the 
board of [public improvements] estimate 
and apportionment. And it shall not be law- 
ful for the [municipal assembly] board of 
aldermen to extend the time for the perfor- 
mance cf any such contract save upon the 
unanimous recommendation of the board of 


THE CHARTER OF THE CITY OF NEW YORK. 


53 


estimate and apportionment, [board of pub- 
lic improvements.] 

Contmo^N for worK or Mupiilien. 

Sec. 419. All contracts to, be made o-r let 
for work to be done or supplies to be fur- 
nished, except as in this act otherwise pro- 
vided, and all sales of personal property in 
the custody of the several borough presi- 
dems, departments or bureaus, shall be 
made by the appropriate borough presidents 
or heads of departments under such regula- 
tions as shall be established by ordinance or 
resolution of the [municipal assembly.] 
board of aldermen. Whenever any work is 
necessary to be done to complete or perfect 
a particular job, or any supply is needful 
for any particular purpose, which work and 
job is to be undertaken or supply furnished 
for The City of New York, and the several 
I^arts of the said work or supply shall, to- 
gether involve the expenditure of more than 
one thousand dollars, the same shall be by 
contract, under such regulations concerning 
It as shall be established by ordinance or 
resoluton of the [municipal assembly] 
hoard of aldermen, excepting such works 
nov in progress as are authorized by law or 
ordinance to be done otherwise than by con- 
tract and, unless otherwise ordered by a 
vote of three-fourths of the members elected 
to the [municipal assembly:] board of alder- 
men; and all contracts shall be entered into 
by the appropriate borough president, and 
heads of departments, and shall, except as 
herein otherwise provided, be founded on 
sealed bids or proposals, made in compliance 
with public notices, duly advertised in the 
(Mty Record, and the corporation newspapers, 
and said notice to be published at least ten 
days; if a borough president or the head of 
a department shall not deem it for the in- 
terests of the city to reject all bids, he shall, 
without the consent or approval of any other 
department or officer of the city government, 
award the contract to the lowest bidder, 
unless the board of estimate and apportiou- 
meuT [public improvements] by [the vote 
of a majority of its members, of wliorn the 
mayor and the controller shall be two.] a 
three quarter vote of the whole board, shall 
determine that it is for liie puolic interest 
. that a bid other than the lowe.st should be 
accepted; the terms of such contract shall be 
settled by the corporation counsel as an act 
of preliminary specification to the bid or 
proposal. The bidder whose bid is accepted 
shall give security for the faithful perfor- 
mance of his contract in the manner pre- 
scribed and required by ordinance: and the 
adequacy and efficiency of tliis security shall, 
in addition to the justification and acknowl- 
edgment, be approved by the controller. All 
bids or proposals shall be publicly opened 
by the officer or officers advertising for the 
same, and in the presence of the controller, 
but the opening of the bids shall not be 
postponed if the controller shall, after duo 
notice, fail to attend; if the [lowest] bidder 
whose bid has been accepted shall neglect 
or refuse to accept the contract within five 
days after written notice that the same has 
been awarded to his bid or proposal, or if he 
accepts but doss not execute the contract 
end give the proper security, it shall be re- 
advertised and relet as above provided. In 
case any work shall be abandoned by any 
contractor, it shall be readvertised and relet 
by t he appropriate boroug h president or t he 
head of the appropriate department In the 
manner in this section provided. No bid, 
shall be accepted from, or contract awarded 
to, any person who is in arrears to The City 
of Xew York upon debt or contract, or who is 


a defaulter, as surety or otherwise, upon 
any obligation to the city. Every contract, 
when made and entered into, as before pro- 
vided for. shall be executed in duplicate, and 
shall be filed In the departmeui of finance, 
together w’ith a copy of the resolution or or- 
dinance of the [municipal assembly, or of the 
resolution of the] board of aldermen and the 
local board [board of public improvements.] 
and together with the approval of the board 
of estimate and apportionment wherever the 
same is required by iln* pi divisions of this 
act, or copies of ooih. as the case may be. 
authorizing said work: such copies shall be 
so filed within five days after the contract 
shall have been duly e.'cecuted by the con- 
tracior; a receipt for such payment, made on 
account of or in satisfaction of the same, 
shall be indorsed on the same coniraci by 
the party receiving the warrant, which war- 
rant shall he only given to the person inter- 
ested in such contract, cr his authorized 
representative. Xo expenditure for work or 
supplies involving an amount for which no 
contract is required shall be made, except 
the necessity therefor be certified to by the 
appropriate borough president or the head of 
the appropriate department, and the expendi- 
ture has been duly authorized and appropri- 
ated. 

I.H to he a<i \ ert iseil ; to 

aeeoni |VH ii.v hiil. 

Sec. 420. Whenever proposals for furnish- 
ing supplies or doing work are invited by ad- 
vertisement by any department or officer, such 
department or officer is authorized and di- 
rected to require, as a condition precedent to 
the reception or consideration of any proposal, 
the deposit with such department or officer 
of a certified check upon one of the state or 
national banks of the said city, drawn to the 
order cf the controller, or of money; such 
checks or money to accompany the proposal, 
to an amount not less than three nor more 
than five per centum of the amount of the bond 
required by the department or officer for 
the faithful performance of the work proposed 
to be done or supplies to be furnished. Within 
three days after the decision as to whom 
the contract Is to be awarded, the controller 
shall return ali the deposits made to the 
persons making the same, except the deposit 
made by the bidder whose bid has been ac- 
cepted; and if the said bidder whese bid has 
been accepted shall refuse or neglect, within 
five days after due notice that the contract has 
been awarded, to execute the same, or to 
furnish the required bond, the amount of 
deposit made by him shall be forfeited 
to and retained by the said city as liquidated 
dainages for such neglect or refusal, and 
shall be paid into the sinking fund of the 
city, but if the said bidder shall execute the 
contract and furnish the required bond with- 
in the time aforesaid, the amount of his de- 
posit shall be returned to him. 

t«> Im* llleil. 

Sec. 421. It shall be the duty of [each] 
any borough president, or head of any de- 
partment. [of the commissioners mentioned 
in section 410. of this act.] having in charge 
any work, within five days after the accept- 
ance ot such work, to file with the controller 
a final certificate of the completion and ac- 
ceptance thereof, signed by the chief engineer 
or head of his department. The filing of such 
certificate shall be presumptive evidence that 
sucli work has been completed according to 
contract. It shall also be the duly of such 
borough president, or hea d of department, 
[commissioner.] in the case of work to be 
paid in whole or in part by assessment 


lor benefit, when such work shall have been 
completed and accepted, and all the expenses 
thereof which may be legally assessed shall 
have been asicriained. to execute a eertifi- 
(ate of the total amount of all the cost and 
expenses which shall have been actually in- 
curred by The City of Xew York on accoun: 
of such work and forward the same to the 
board of assessors in accordance with section 
01 ihij act. Accompanying said certifi- 
cate shall be a copy of the resolution of the 
bo^nl_of estimate and apportionment or ol 
the rescliuion or ordinance of the [munici- 
pal assembly,] board of aldermen, or of the 
resolution of the local board or department, 
[board of public improvements.] or copies o! 
any such of them as may be required, [both 
as the case may be.] authorizing such worh 
to be done, and also a copy of any resolution 
or ordinance, if any such has been passed 
determiniug that any proportion of the cost 
and expense of such work shall be borne bj 
The City of Xew York. The board of as- 
sessors shall, upon receiving such certificate 
assess upon the property benefited, in th« 
manner authorized by law. the amount ol 
the certificate, or such proportions thereof 
as is authorized by law. The proceeding- 
relative to levying, confirming and collecting 
any such assessments shall be in accordance 
with the provisions of chapter IT of this act. 

C'<»iitr4»ller oontrnetorM. 

Sec. 422. [423.] When a contract for a pub- 
lic improvement shall have been entered inti 
and a certified copy thereof shall have beei 
filed with the controller in conformity witl 
section419of thisact.saidcontroller is hereb; 
authorized and directed to pay to the contract 
or or his assigns, from time to time as the 
work progresses, TO per centum of the esti 
mated value of the work actually done unde 
said contract, until the same shall have beei 
completed. The estimate of the value o 
any such work shall be signed by the sur 
veyor and also by the chief engineer of tht 
department having the matter in charge, am 
upon the final completion of any contract, am 
the filing of the final certificate of comple 
tion, the controller shall, within thirty day 
thereafter, or within thirty days after the ex 
piration of the time within which, accordini 
to the terms of the contract, the city has toac 
cept such work, pay to the contractor o 
his assigns, the balance of the amount du' 
under said contract: provided, however, tha 
the [municipal assembly] board of aldermeL 
upon the recommendation of the board c 
[public iraiirovements] estimate and appor 
tionment. may authorize contracts for as 
phalt or other pavements to be madt 
with a guaranty upon the part of th 
contractor for one or more years, wit 
I a provision for the retention of 
1 percentage of the amount to be paid, whic 
shall be paid within thirty days after th 
expiration of the guaranty, upon the ftlln 
of a certificate signed by the chief enginee 
of the department having the matter in charg 
that the terms of th© contract have been corr 
plied with. The payments to be made b 
the controller pursuant to this section sha 
be made out of the “street improvemec 
fund," if the cost and expense of said wor 
are to be assessea m whole or in part upo 
property deemed to be benefited thereby. Th 
amounts collected from any and all assess 
ments for local improvements paid ou 
of such fund, together with all defaults an 
interest on the same, are to be pald'int 
said fund. 

It shall be the duty of, and lawful for th 
controller, when thereto authorized by. th 
board of estimate and a-^portionraeDt. tfr QXi 


54 


THE CHARTER OF THE CITY OF NEW YORK 


ate and issue sucU additional amounts ot the 
corporate stock of the city of New York 
as shall be necessary to provide tor the cost 
and expense of such work, or such part there- 
of as is to be borne and paid by the city of 
New York; and the proceeds of the sale of 
such stock shall be paid Into the street im- 
provement fund. 

TITLE 2. 

l,OCAI, BOARDS. 

Districts of local iiiiprovciiient s. 

Sec. 425. [390.] For the purposes of local 
Improvements the territory of The City of 
New York is hereby divided into [certain] 
twenty-five districts of local improvements. 
[The districts so constituted shall be 
named or numbered or otherwise dis- 
tinguished by the municipal assembly. 
As first constituted by this act there shall 
be twenty-two districts of local improve- 
ments which shall together comprise all of the 
territory by this act consolidated into the city 
of New York. The territory in each of the sen- 
atorial districts of the state of New York situat- 
ed in whole or in part within the limits of the 
city of New York, as constituted by this act, 
as such districts are divided by the consti- 
tution of the state of New York in force 
January 1, 1895, and to the extent that they 
are within the limits of said city, and as 
therein bounded and described, shall consti- 
tute a separate district of local Improvements, 
that shall be bounded and described in the 
same terms as is the same territory when 
contained in a senatorial district, as aforesaid. 
The municipal assembly shall, whenever nec- 
essary. sunplement and complete the descrip- 
tion of the boundaries of any district.] 
The first district shall consist of the county 
of Richmond, and shall be called Staten Isl- 
and; the second dis trict shall cons ist of 
wards one and two of the borough of Queens 
and shall be called Newtown; the third dls- i 
trict shall consist of wards three, four and 
five of the borough of Queens and shall be 
called Jamaica; the fourth district shall con- 
sist of the territory comprised in the third 
senatorial d istrict of the state of New York, 
as such district is divided by the con stitu- 
tion of the s tate of New York, in force Janu- 
ary first, eighteen hundred and ninety-five, 
and shall be called The Heights; the fifth 
district shall consist of the territory com- 
prised in the fourth senatorial district of the 
state of New York, and shall be called Bed- 
ford; the sixth district shall consist of the 
eighth, thirtieth and th irty-first wards of the 
borough of Brooklyn, and shall be called New 
Utrecht; the seventh district shall consist of 
the tenth and twelfth wards of the borough 
of Brooklyn and shall be called Red Hook; 
the eighth district shall consist of the terri- 
tory com prised in the sixth senatorial dis- 
trict of the state of New York and shall be 
called Carlton: the ninth district shall con- 
sist of the territory comprised in the sev- 
enth senatorial distri ct of the stat e of New 
York and shall ^ calle d Williamsbtirgh; the 
tenth district shall consist of the territory 
comprised in the eighth senatorial district 
>f the state of New York and shall be called 
?latbush; the eleventh dis trict shall consist 
)f the t errit ory co mprised in the ninth sena- 
ori al dis tric t of the state of New York and 
ihall be called B ushw ick; the twelfth district 
hall consi.st of the territory comprised in the 
enth senatorial district of the state of .Nevv 
fork and shall be called Bowling Green; the | 


thirteenth district sha 1 1 consist of the terrl- 
tory comprised in the eleventh senatorial 
district of the state of New York a nd shall 
be called The Bowery: the f ourteenth district 
shall consist of the territory comprised in 
the twelfth senatorial district of the state of 
New York and shall be called Corlear’s Ho ok; 
the fifteenth district shall consist of th e ter- 
ritory comprised in the thirteenth senatorial 
district of the state of New York and shall 
be called Greenwich; the sixteenth district 
shall consist of the territory comprised in the 
fourteenth senatorial district of the state o f 
New York and shall ^be c alled Kip’s Bay; the 
seventeen th district shall consis t of the ter- 
ritory comprised in the fifteenth senatorial 
district of the state of New York and shall be 
called Central; the eighteenth district shall 
consist of the territory comprised in the six- 
teenth senatorial district of the state of New 
York and shall be called Chelsea; the nine- 
teenth district shall consist of the territory 
comprised in the seventeenth senatorial dis- 
trict of the state of New York and shall be 
called Riverside; the twentieth district shall 
consist of the territory comprised in the 
eight eenth senatorial district o f the state of 
New York and shall be called Yorkville; the 
twenty-first district s hall consist of the ter- 
ritory comprised in the nineteenth and twen- 
ty-first districts of the state of New York and 
shall be called Bloomingdale; the twenty- 
second district shall consist of the territory 
comprised in the thirty-first and twenty- 
third assembly districts of the state of New 
York and shall be called AVashington 
Heights : th e twenty-t hird district shall con- 
sist of the territory comprised in the twenti- 
eth and that part of the twenty-first sena- 
tori al district of th e state of New York in 
the borough of Manhattan and shall be called 
Harlem; the twenty-fourth district shall con- 
sist otjUieJ^erritory_comprisedjn the twenty- 
first senatorial district of the state of New 
York west of the B ron x river an d shall be 
called Morrisania; the t wenty-fifth district 
shall consist of the territory comprised in 
the twenty-second sen atorial district of the 
state of New Yorl^ea^t of the Bronx river 
and s hall be calle d Ches ter. Pro vided, how- 
ever, that none of the above mentioned boun- 
daries shall include any portion of a sena- 
torial district no t contained within the limits 
of the city, ^e board of aldermen may, 
whenever necessary, sup plement and com- 
plete the de scription of the boundaries of any 
district, but such districts shall not be af- 
fected by any chang e in the senato rial dis- 
tricts. 


The Ineal hoard now eonstll iited, Jaris- 
tlictioii. 


Sec. 

426. 

[391.] There 

shall be 

in 

each 

and 

every district 

of local 

im- 

provemeiits 

a board of 

local Improve- 

inents 

lo 

be known and 

described 

as 


“the local board,” to be intrusted with the 
powers by this act prescribed. The jurisdic- 
tion of each local board shall be confined to 
the district for which it is constituted and to 
those subjects or matters the costs and ex- 
penses whereof are in whole or in part a 
charge upon the people or property of the 
district or a part thereof, except so far as 
by this act jurisdiction may otherwise be 
giyen over matters of local administration 
within such district. Each local board shall 
consist of the president of the borough where- 


in the district is situated, by virtue of his 
office, and of each member of the [municipal 
assembly,] board of aldermen who represents 
an aldermanic district within [Is a resident 
of] stich local Improvement district, by 
virtue of his office and during his term 
as such member. Removal from the 
district shall vacate their offices as 
members of the said local board. The mem- 
bers of a local board shall serve as such mem- 
bers without compensation. If any proposed 
local improvement specified in section 393 of 
this act shall embrace the territory or affect 
the properly of more than one district of local 
improvements, the members of the local 
boards of all the districts so affected shall, 
for all proceedings in the matter of such im- 
provement, constitute the local board for the 
purposes thereof, and its proceedings shall 
in all respects conform to the provisions of 
this act that regulate the proceedings of any 
other local board. 

Id.; procod H re. 

Sec. 427. [392.] The action of a local toar.l 

shall be by resolution subject to the proced- 
ure governing resolutions passed by the 
[municipal assembly] board of aldermen and 
conformably thereto save that they need not 
be submitted to the mayor of The City of 
New York for his approval [.] except as 
provided in tlm next section. Every resolu- 
tion of a local board shall, before it takes ef- 
fe ct. be approv ed by the borough president. 

Id.; powers. 

Sec. 428. [393.] A local board, subject to the 
restrictions provided by this act, shall have 
power in all cases where the cost of the im- 
provement is to be met in whole or in part 
A»y assessments upon the property beaeiited, 
to [recommend that proceedings be initiated 
to] initiate proceedings for the followi ng 
purposes: to construct tunnels and bridges 
lying wholly, within the borough; to acquire 
title to land for parks and squares, streets. 

' sewers, tunnels and bridges, and approache.s 

to Ridges and tunnels; to open, close, 

extend, widen, grade, pave, regrade, re- 
pave and repair the streets, avenues 
and public places, and to construct [lateral] 
sewers within the district; to flag or reflag, 
curb or r 'curb ihe sidewalks, and to relay 
crosswalks on such streets and avenues; to 
set or to reset street lamps; and to provide 
signs designating the names of the streets. 

I All resolutions affecting more than one local 
! improvement district or the borough gener- 
I ally shall be ad opted only at a joint meeting 

I of all the local boards of the borough, and by 
a majority of the members of said boards . [.A 
local board shall have power to hear com- 
plaints of nuisances in streets or avenues, 
or against disorderly houses, drinking saloons 
conducted without observance of the licenses 
therefor, gambling houses or any other place 
or congregations violative of good order or of 
the laws of this state, or other matters or 
things concerning the peace, comfort, order , 
and good government respecting any neigh- 
borhood w'ithln the district, or concerning the 
condition of the poor within the district, and 
to pass such resolutions concerning the same 
as may not be inconsistent with the powers 
of the municpal assembly or of the respective 
administrative departments of the city of 
New York, and to aid such municipal assem- 
bly and departments In the discharge of their 
duties respecting the good government of the 
said district.] 

III.; further powers. 

Sec. [3!i3.] [A local board, subject to 
; the restrictions provided by this act, shall 


55 


THE CHARTER OF THE CITY OF NEW YORK. 


have power in all cases where the cost of 
the improvement is to be met in whole or in 
part by assessments upon the property bene- 
fited, to recommend that proceedings be in- 
itiated to open, close, extend, widen, grade, 
pave, regrade, repave and repair the streets, 
avenues and public places, and to construct 
lateral sewers within the district; to llag or 
reflag, curb or recurb the sidewalks, and to 
relay crosswalks on such streets and ave- 
nues; to set or to reset street lamps; and to 
provide signs designating the names of the 
streets.]. A local board shall have power to 
hear complaints of nuisances in streets or 
avenues, or against disorderly houses, drink- 
ing saloons conducted [without observance 
of the licenses therefor], in violation o f the 
laws regulating the traffic in liquOT^ gamb- 
ling houses or any other places or congrega- 
tions violative of good order or of the laws 
of this state, or other matters or things con- 
cerning the peace, comfort, order and good 
government respecting any neighborhood 
within the district, or concerning the condi- 
tion of the poor within the district, and to 
pass such resolutions concerning the same 
as may not be inconsistent with the powers of 
the [municipal assembly] board of aider- 
men or of the respective administrative de- 
partments of The City of New York, and to 
aid such [municipal assembly] boa rd o f 
aldermen and departments in the discharge 
of their duties respecting the good govern- 
ment of the said district. All resohitions 
passed under the authority of this section 


shs 1 ) 

be subrrtittfd to the Mayor; and if he 

shall 

within ten days thereafter declare the 

same 

to be general in character, they shall 

be invalid; otherwise, they shall take effect 

Upon 

the expiration cf said period of ten 


days. 


Id.: meefiiiR-; seoretnry; ynorum. 

Sec. 1.30. [394.] Meetings of each local board 
shall belTeld at the main hall or public build - 
ing of the borough. It shall be the duty of the 
president to call such meetings whenever in 
his opinion the public business shall require, 
cvr whenever he shall receive the written re- 
quest of an,/ three members of a local board. 
The secretary of the president of the borough 
shall act as the secretary of each local board, 
in the borough without additional compen- 
sation. He shall keep a record of all resolu- 
tions, proceedings and determinations of each 
local board, and shall file the same in the 
office of the president of the borough, and he 
shall discharge such other duties as may be 
prescribed by this act, or by the [municipal 
assembly] b(mrd^f alde rmen , or by the presi- 
dent of the borough, or by a local board. The 
president cf a local board and one other 
member thereof shall constitute a quorum 
for the transaction of business at any meet- 
ing duly called. 

TITLE 3. 

LOCAL IMPROVEMENTS. 
President ; duty on reeeipt of petition. 

Sec. 432. [400.] When a petition for a local 
improvement within the jurisdiction of a local 
board has been received by the president of 
the borough, it shall be his duty to appoint a 
time for a meeting of the proper local board, 
not more than fifteen days thereafter, at which 
meeting such petition will by him be submit- 
ted to the said local board and he shall there- 
upon cause a notice to be published in the 
City Record, that such petition has been pre- 
sented to him and Is on file in his office for 
inspection, and of the time when and of the 
place where there will be a meeting of Lhe 
local board at which such petition will be sub- 
mitted by him, to said board, which time shall 


not be less than ten days after the publication 
of the notice. 

Local board, proceediag;.s after petition 
Sec. 433. [101.] The local board, after the 
submission of such petition and consideration 
cf the same, may then, as the petition shall 
ask, [recommend that proceedings be initiat- 
ed ] _passaresolutiontobridgejto_timn^, to 
open, to close, to extend, to widen, to regulate, 
to grade, to curb, to gutter, to flag, and to 
pave streets, to lay crosswalks and to con- 
struct [lateral] sewers within its district, and 
generally for such other improvements in and 
about such streets within its district as the 
public wants and convenience of the district 
shall require. 

Id.; to trnnsntit rcNOiiKion; further 
procedure; expenses to be a lieu. 

Sec. 434. [402.] If the local board shall by 
resolution decide [to recommend] that pro- 
ceedings be initiated for a local improvement 
within its jurisdiction, it shall thereupon, 
forthwith transmit a copy of such resolution 
to the board of [public Improvements] esti- 
mate and apportionment. Said board shall 
promptly consider such resolution, and ap- 
prove or reject the same, and return said 
resolutic II if approved to the president of the 
borough, where it originated, and he may 
thereupt n proceed in the e xecution of the 
work covered by .said res iution in ace rd- 
ance with the pjo visions of this act; but no 
public Wi rk ( r improvement, involving an 
assessment for benefit, shall be so auth rized 
until there has been presented to the board of 
estimate and apportionment an estimate in 
writing, in such detail as the b'ard may 
direct, of the c: st of the proposed w rk or 
improvement, -and a statement of the as- 
sessed value, according to the last preceding 
tax-roll, of the real estate included within 
the probable area of assessment, [and 
if, in its opinion, the work proposed ought 
to be proceeded with, it shall take such steps 
in regard thereto as are in this act provid- 
ed in the cases, where public works are pro- 
posed and initiated by said board of public 
improvements.] The expense of all such im- 
provements shall be assessed and be a lien 
on the property benefited thereby in propor- 
tion to the amount of said benefit; but no 
such work shall be do ne by the b orough 
president cn any item which imposes a charge 

upon the whole city of more than five hun- 

dred thous and dollars, except with the ap- 
proval of the board of aldermen. [, and in no 
case^hall extend beyond the limits of said 
district.] 

Local lioards, power to flag sidewalks, 

etc. 

Sec. 435. [403.] A local board .shall have 
the power to cause the flagging or reflagging 
of sidew'alks. laying or relaying of crosswalks, 
fencing vacant lots, digging down lots or fill- 
ing in sunken lots wuthin its district, by 
resolution approved by the board of [public 
improvements] estimate and apportionment; 
provided, how*ever, that when the expenses 
to be in^ rred by any one such resi.Iution 
ghall not exceed the sum of two thousand 
(i^iars. the ap pimval of the board of estimate 
and apportionment shall n ot be n e cessary. 
When such public work or improvement shall 
have been duly authorized, the [board of 
public improvements shall direct the proper 
department to] president of the Jiprough 
within which such work is to be done shall 
proceed forthwith in the execution thereof. 
[, as in cases where public works are pro- 


posed and initiated by said board of public 
improvements.] 

Power to assess for local liiiprove- 
iiieiits. 

Sec. 436. [422.] In all cases where the 
board of estimate and appo rtionment [public 
improvements] or the [municipal assembly] 
board of aldermen or the board of [public 
improvements] estimate and ap portionmen t, 
and the [municipal assembly] b oard of al- 
dermen together, with or without the con- 
currence or approval of any other hoard or 
officer, are authorized to determine that a 
local improvement is to be made, the said 
board of estimate and apportionment or the 
said [municipal assembly,] board of alder- 
men, or both, as the case may be, shall 
determine whether any, and if any, what pro- 
portion, of the cost and expense thereof shall 
be borne and paid by the city of New York, 
and the remainder of such cost and expense 
shall be assessed upon the property deemed 
to be benefited thereby; and the assessment 
shall be laid [out] and confirmed and col- 
lected in accordance with the provisions of 
chapter seventeen of this act. The detennin- 
ation or decision of such board as to the pro- 
p rti u of co st and expense to be borne and 

paid by Th e City of New York, a n d as to the 
proportion to be borne by the property bene- 
fited. aft er it shall have been made and an- 
nou nced. shall be final, and such determina- 
tlon or de cisjrn shall not be re-ipened oi* 
reconsidered by said boarA The words . ‘local 
improvemenf’as used in this section shall be 
construed to mean any work the payment of 
which was, prior to the passage of this act, 
provided for, by the laws in force in the 
territory of the corporation formerly known as 
the mayor, aldermen and commonalty of the 
city of New York, in whole or in part, by as- 
sessment upon the property deemed to be 
benefited thereby or the owners thereof, other 
than assessments which are confirmed by a 
court of record. 

Construction of tliis title. 

Sec. 437. [404.] Nothing in this title con- 
tained shall be construed to in any way limit 
the power of the board of aldermen [public 
improvements or of the municipal assembly 
or of the board of public improvements and 
the municipal assembly conjointly,] in au- 
thorizing any public improvement. [nor 
shall anything herein contained be construed 
to authorize any local board to incur any ex- 
penditures other than as authorized by tUa 
board of estimate and apportionment.] 

TITLE C2.] 4. 

THE MAP OR PLAN OP THE CITY" OF 

new YORK, ESTABLISHING OP 
GR.ADES, CH.ANGES THEREIN, 
MAP OP SEWER SYSTEM 
ANU SEWER DISTRICTS. 

Tlie limp of tlie city of New York. 

Sec. 438. [432.] The map or plan of the ter- 
ritory lying within the borough of Manhattan, 
as heretofore laid out, adopted and established 
by Che municipal auchorities of Che corporatioa 
known as tbe mayor, aldeitnen and common- 
airy of the city of New York, and the map or 
plan of that part of the territory lying within 
the borough of ilie Bronx, laid out by the 
commissioner of street improvements cf the 
Twenty-third and Twenty-fourrli wards, pur- 
suant to chapter 545 of the laws of 1890, and 
the acts amendatory thereof, as heretofore 
duly laid cut. adopted and established .by sutli 
commissioner, with the concurrence and ar>- 
proval of the board of street opening and m- 
pr.ovements, pursuant to law, and tfie map or 
plan of so much of the territory lying witlila 


THE CHAltT'ER OF THE CTTY OF N'EW YORE. 


r><5 


the borough of Brooklyn, forwhichapermanent 
map or plan tias been adopted, as her€*:ofore 
duly laid mu, adopted and established by the 
prci)er municipal au-thorities, and the map or. 
plan of so much of the territory lying within 
the borough of Queens, for which a perma- 
r.en't map or plan lias been adopted by the 
proper municipal authorities of Long Island 
City, as so laid mu, adopted and established, 
showing the iiarks, streets, bridges and tun- 
nels and apprcacheis to bridges and tunnels, as 
heretofore laid out, adopted and established^ 
pursuant to law, and “che maps and profiles in- 
cluded in or accompanying the same, showing 
the grades of sucti streets duly fixed, adopted 
and es«tablished, sliall constitute the map cr 
plan of the city of New York to the extent and 
•o far as ithey cover the territory lying within 
the said city, and as such Is hereby laid out, 
adopted, established and confirmed, is to be 
deemed final and conclusive with respect to 
the location, width and grades of the streets 
shown thereon, so far as such location, width 
and grades have been heretofore duly adopted, 
except as herein otherwise provided. 

Slap to be eoiii]>lete<1. 

Sec. 439. [433.] It shall be the duty of the 
president of each borough comprised v. ith in 
The City of New York, as constituted by 
thi s act, [the board of public improvements,] 
subject to the limitations hereinafter provid- 
ed, to prepare a map of [so much] that part 
of the territory embraced within the borough 
of which he is president, [The City of New 
York, as constituted by this act,] of which 
a map or plan has not heretofore been finally 
established and adopted, as set forth in sec- 
tion four hundred and thirty-two of this act, 
locating and laying out all parks, streets, 
bridges, tunnels and approaches to bridges 
and tunnels, and indicating the width and 
grades of all such streets so located and 
laid out. It shal l be the duty of the 
presid ent of each borough under the 
direct ion of the mayor to continue and 
complete the system of exact triangula- 
tion inaugurated in the borough of The Bronx, 
over that part of the borough of which he 
shall be preside nt, of which no map or plan 
has heretofore been established and approved, 
provided that such system of triangulation, 
after the most approved and exact method, 
shall be finished before th e first day of Janu- 
ary, nineteen hundred and seven. The duty 
of conduc ting such system of triangulation 
sh all be entrusted only to a civil engineer 
who shall have had at least five years’ ex- 
perlence in the method and manner of pre- 
cise surveying , and whose fitn ess and compe- 
tency shall have been determined in a civil 
service examination. He shall prepare and 
furnish, for primary stations, the latitude and 
longitude determined in conformity with the 
method used by the United States Coast and 
Geodetic Survey; for secondary stations, the 
I rectangular spherical co-ordinates; and for 
all stations, rectangular co-ordinates referred 
, to a given fixed central meridian, or assumed 
meridian. Such co-ordinates shall be ofilcial 
I and binding upon all officers making any 
map or plan relating to any borough or part 
thereof. Whenever and as often as the presi- 
; dent or any borough [the board of public 
improvements] shall have completed the 
map of a part of the territory aforesaid, he 
shall report the same together with the sur- 
veys, maps and profiles, showing the parks, 
streets, bridges, tunnels, and approaches to 
bridges and tunnels, located and laid out 
I bi' him, and the grades thereof, to the board 


of estimate and apportionment [public Im- 
provemeuts,] fer its concurrence and 
approval, subject, nevertheless, to such 
corrections or modifications as in , the 
judgment of the majority of said board 
may be advisable; and the said board there- 
after shall cause such map or plan, and such 
profiles, as fin’.lly adopted by it, to be certi- 
fied by the president and secretary of said 
board, and filed as follows: One copy thereof 
in the office in which conveyances of real es- 
tate are required to be recorded in the county 
in which the territory shown upon such map 
is located; one copy thereof in the office of 
the corporation counsel, and one copy there- 
of in the office of the president of the bor- 
ough. who shall have prepared such maj). 
[board of public improvements.] Such map 
and profiles, when so adopted and filed, shall 
become a part of the map or plan of The 
City of New York, and shall be deemed to 
be final and conclusive with respect to the 
location, width and grades of the streets 
shown thereon, and the same shall not be 
subject to any further change or modification 
except as provided in section four hundred 
and thirty-six of this act; provided, how- 
ever, that the local boar ds at a joint me et- 
ing of all the boards compri sed within the 
borough for which said map was 
[board of public improvements,] within 
three months after the opening of a street, 
shall have the power to alter the grade of 
such street, and to alter the grades of inter- 
secting streets, so far as may be necessary 
to conform the same to new grades of the 
street opened. 

President may be required to complete 

map. 

Sec. 440. [434. The board of public improve- 
ments,] The board of estima^^and appor- 
tionment, [or the municipal assembly,] 
with the approval of the mayor, may at any 
time require the president of any borough 
[the board of public improvements] to com- 
plete the map or plan of the whole or of a 
part of the territory for which the map or 
plan shall not at such time have been finally 
established and adopted as specified in sec- 
tions four hundred and thirty-two and four 
hundred and thirty-three of this act, and to 
report the same to the b oard of estimate 
and apportionment [board of public improve- 
ments,] within a fixed and specified time. 
Grades established by user. 

See. 441. [435.] Whenever any street in The 
City of New York shall have been used as 
such for upward of twenty years without hav- 
ing the grade thereof established by law, the 
level or surface of such street as so used 
shall be deemed to be and to have been the 
grade thereof. 

Authority to ehaiiKe the map or plan 

of tlie city or to ehnngre prades. 

Sec. 442. [436.] The board of estim ate and 
apporti onment [public improvements] is au- 
thorized and empowered, whenever and as 
often as it may deem it for the public inter- 
est so to do, to initiate a change in the map 
or plan of The City of New York, so as to 
lay out new streets, parks, bridges, tunnels 
and approaches to bridges and tunnels and 
parks, and to widen, straighten, extend, alter 
and close existing streets, and to change the 
grade of existing streets shown upon such 
map or plan, by publishing notice of its pro- 
posed action for ten days, in the City Rec- 
ord and the corporation newspapers, and 
giving an opportunity for all persons inter- 
ested in such change to be heard, at a time 
and place to be specified in such notice, such 
time to be not less than ten days after the 


first publication of such notice. After the 
due publication of such notice, and after 
hearing protests and objections, if any there 
be, against the proposed change. If the said 
board shall favor such change, notwith- 
standing such protests and objections, it shall 
transmit its resolution to that effect to the 
[municipal assembly,] board of alderm^i, 
together with the objections, if any, which 
have been made in writing, and filed with It, 
and a statement of its reasons for such de- 
termination. If [both houses of the mu- 
nicipal assembly] the board of aldermen con- 
cur in such resolution passed by the board 
o f estimate and apportionment [of public 
improvements,] by passing an ordinance 
adopting and approving the same by a two- 
thirds vote, and the same receives the ap- 
proval of the mayor, such change in the 
map or plan of The City of New York, or in 
the grade of any street or streets shown 
thereon, shall be deemed to have been made. 
The board of estimate and apportionment 
[public Improvemeuts] is authorized and 
empowered without the concurrence of [mu- 
nicipal assembly,] board of aldermen, but 
with the approval of the mayor, to change 
the grades of bridges, tunnels and approaches 
to bridges and tunnels, and the location of 
approaches to bridges and tunnels. 

Maps of cily to l>e kept In oiflee of 
eorporafloii eounsel and oflioe of 
borouKli presidents; [of boartl of pub- 
lic iniprovenieuts;] maps showing; 
eban^es where filed. 

Sec. 443. [437.] The map or plan of The City 

of New York or a certified copy thereof, show- 
ing the streets and parks within the city of 
New York, as constituted by this act, shall 
be kept, one copy thereof In the office of the 
corporation counsel and one copy thereof _so 
far as the same shall apply to any one bor - 
cugh in the office of the [board of public 
improvements.] borou gh pre sident of su ch 
borough. Whenever the map or plan of The 
City of New York, as heretofore laid out, 
adopted, established and confirmed by this 
act, or as hereafter laid out, adopted and 
established pursuant to this act. shall be 
changed, and whenever the grade of any street 
shown thereon shall be changed, the board 
of estimate a n d apportionment [public im- 
provements] shall forthwith cause the maps 
and profiles, showing such change in the map 
or plan of the city of New York, or in the 
grade of a street or streets shown thereru, 
to be certified by the secretary of said board 
and filed as follows: one copy thereof in the 
office in which the conveyances of real estate 
are required to be recorded in the county 
in which the territory shown upon said copy 
is located; one copy thereof in the office of 
the corporation counsel, and one copy there- 
of [in the office of the board of public im- 
provements.] so fa r as the same shall ap ply 
to any one borough, in the office of the 
president of su ch borou gh. 

Drainage anil aewer system to be eom- 
pleteil. 

Sec. 444. [438.] It shall be the duty of the 
said president of each boro ugh [the board of 
public improvements, together with the com- 
missioner of sewers, and] subject to the 
approval of the board of estimate and ap- 
portionment [public improvements,] to d^ 
vise and prepare, so far as the same has not 
already been done, a plan for the proper 
sewerage and drainage of the borough of 
which he is president [the whole of said 
city,] for the purpose of thoroughly drain- 
ing and carrying off w'ater and other matter 
proper to be carried off by sewers. The 
president of the Borough of Brooklyn and 


I 


THE CHARTER OF THE CITY OF NEW YORK. 


BT 


president of the Borou gh of Queens shall 
confer as to such part of such plan for each 
b orouRh as shall ad.1oin th e other, and shall 
endeavor to mak e said plans ha rmonize with 
each other so far_as iMy be. The said presi- 
dent of each borough [and commissioners] 
shall, so far as the same has not already been 
done, and subject to the like approval, lay 
out the [said city] b orough of which he is 
president, into as many sewerage districts 
as he may deem necessary for the afore- 
said purpose, and shall also determine and 
show, on suitable maps or plans, the loca- 
tion, course, size and grade of each sewer 
and drain proposed for each of said districts, 
and the proposed alterations and improve- 
ments in existing sewers, and shall also de- 
termine and show, on said maps or plans, 
the contemplated depth of said sewers ^nd 
drains below the present surface, and also 
below the established grades of the streets 
and avenut»; in each of said districts, and 
such other particulars as may oe necessary 
for the purpose cf exhibiting a complete pian 
of the proposed sewerage therein. 

Drainage plan tu be tileal. 

Sec. 445. [439.] Upon the completion of the 
map or plan for the drainage of any sewerage 
district and its approval by the board of 
[public improvements,] es timate and appor- 
tionment, such map or plan shall be the 
permanent plan for the sewerage of such dis- 
trict: subject, however, to such subsequent 
modilicatlons as may, in the opinion of the 
[commissioner of sewers] pr^ident of the 
borough to which said plan shall apply, and 
the board of [public improvements,] esti- 
mate and apportionment, become necessary 
In consequence of alterations made in the 
location of grade of any street or part thereof 
in said district, or for other reasons. Copies 
of such complete map or plan and of the 
maps showing modifications therein shall be 
certified by the president and secretary of 
the board of [public improvements] esti- 
mate and a pportionment and shall be filed 
as follows: One copy thereof in the office In 
which conveyances of real estate are re- 
quired to be recorded in the county in which 
the territory shown upon said map is lo- 
cated; one copy thereof in the office of the 
corporaticn counsel, and one copy thereof 
in the office of the [board of public im- 
provements.] pres ident of the borough to 
which said pl an a pplies. 

All sewers to be In nccordniice wilb 

general plan. 

Sec. 446. [440.] It shall not be lawful here- 
after to construct any sewer or drain in the 
city unless such sewer or drain shall be in 
accordance with the general plan, approved 
[by the board of public improvements] as 
aforesaid, for the sewerage of the particular 
district in which such sewer or drain Is 
proposed to be constructed. 

Raising of grade for drainage. 

Sec. 447. [441.] Whenever the[commissioner 
of sewers shall report to the board of public 
Improvements] president of any borough shall 
determine that it is necessary to raise the 
gralle ^any street or streets for the proper 
sewerage of the sewer district in which such 
street cr streets, or parts of streets, are 
situated, the said [board] president shall 
prepare a plan showing said proposed change 

of grade, and shall present the same to the 

board of estimate a nd a ppo rtion m ent, w hich 
said board is hereby authorized and empow- 
ered to change the grade of such street or 
streets, or parts of streets, so far as shall 


be necessary for the proper drainage thereof 
[.] in accordance with s aid plan. 

Power In inark bonndurieN and to 
make siirvcyM. 

Sec. 448. [442.] The [president of the board 
of public improvements] _mayor shall have 
power to direct the pre sident o f any borough 
to mark any boundary line or lines of the mu- 
nicipal corporation constituted by this act 
and known as The City of New York, as said 
boundary line or lines is or are determined 
in and by this act, so as to distinguish and 
define the boundaries of said city, the bound- 
aries of the boroughs thereof, and any other 
boundary line or lines determined in and by 
tins act, by such monuments as may be au- 
thorized by [resolution of the board of pub- 
lic improvements] the mayor. [He] The 
president of any boroug h shall upon the 
request of the board of aldermen, [public 
Improvements, of the municipal assembly] 
of a local board, of commissioners of esti- 
mate, or of commissioners of estimate [,] 
and assessments, furnish surveys, diagrams 
or other information as may enable them to 
fully discharge the duties imposed upon them 
by this act relative lo street and park im- 
provements. It shall' be lawful for the presi- 
dent of [the board of public improvements,] 
any borough, and all perso-ns acting under 
his authority, to enter in the daytime Into 
and upon any lands, tenements and heredita- 
ments and waters which he shall deem neces- 
sary to be surveyed, used or converted for 
the laying out, surveying and monumenting 
of parks, streets, bridges, tunnels and ap- 
proaches to bridges and tunnels, in the city 
of New York, or for marking any boundary 
line or lines. 

Pre«I«leiit lo aitpoiut surveyor, ai>- 
proiirlationH to be laatle for niapN. 
etc. 

Sec. 449, [443.] The president of [the board 
of public improvements] of each b orough 
shall have power to appoint a surveyor or 
engineer who shall have the custody of the 
maps filed In the office of the [board of 
public improvements] president of said bor- 
ough. [and to fix his salary within the prop- 
er appropriation]. There shall be made in 
the final estimate each year such provisions 
or appropriations as may be necessary for 
the preparation and making of maps, plans 
and profiles, and for the setting of monu- 
ments. [and the president of the board of 
public Improvements shall be authorized, 
within the limits of such provision or ap- 
propriation, to employ such engineers, sur- 
veyors, clerks and assistants as may in his 
judgment be necessary for any part of such 
work. ] 

CHAPTER XI. 

DE I*.\ R TM E NTS O E WAT E R S I Pn.Y. 
GAS AND EUE^TRItTTV. STRFIET 
fl .EAMXG .W D BRIDGES. 

Title 1. General provisions. 

Title 2. De partment of water supply, g as 
and electmUy. 

^Title 3. Departme nt of street cle aning. 
Title 4. Department o^bridges. 

TITLE [3.] 1. 

general, PROAISIONS tRKUATlNG TO 
THE DEPARTJIENTS OE AA'.ATER 
SIPPLA% HIGHAV.AA'S. STREET 
CT.IO.AMNG, SEAAT5RS. PUBl-lC 
BUIGDINGS, I.IGHTING AND 
Sl'PPlAES AND BRIDGES.] 

Heads of depavtmenls. 

Sec. 450. Each of the commissioners here- 
inafter provided for in this chapter shall in 


all respects administer his department in 
conformity with the ordinances of the [mu- 
nicipal assembly] board of aldermen relat- 
ing thereto, and each shall be vested with 
the sole executive power in his department, 
and be subject to the laws of the state and 
the ordinances of the city for the conduct 
and the work of his department, ^ 

Deputies. 


Sec 452. The commissioner at the head of 
each of said departments may appoint one 
[or more] deputy commissioner [s one of 
whom] who shall be located at the main of- 
fice of such department, and there may be a 
deputy in each borough in which is located a 
branch office of such department, if pr ovision 
is made th erefor by the board of estimate 
and ap portionment an d the board of alder- 
ramk [or the same deputy may have charge 
of more than one borough, as the commis- 
sioner appointing such deputy may deem ad- 
visable.] A deputy commissioner located at 
a branch office shall, under the direction and 
control of the commissioner appointing him, 
have charge of the office work of his depart- 
ment in the borough or boroughs for which 
the office was established, and of the execu- 
tion of all work devolved upon his depart- 
ment therein. 

The commissioner at the head of each of 
said departments may designate one or more 
of said deputies, who shall, in addition to his 
other powers, possess every power and per- 
form all and every duty belonging to the of- 
fice of such commissioner, so far as specified 
In such designation, whenever so empowered 
by such commissioner by written authority, 
designating therein a period of time, not ex- 
tending beyond a period of three months nor 
beyond the term of office of such commis- 
sioner, during which such power and duty 
may be exercised, and such designation and 
authority shall be duly filed in and remain 
of record in said department, but may be re- 
voked at any time. A deputy commissioner 
so designated shall possess the like authority 
in case of absence or disability of such com- 
missioner. f , 


Eugrineera. 




Sec. 453. The commissioner at the head of 
each of said departments, excepting the de- 
partment of street cleaning, may [shall] 
appoint and at pleasure remove a chief engi- 
neer of his department, with power to ap- 
point, remove, and detail a staff of assistant 
engineers. If the commissioner of any de- 
partment [and the board of public improve- 
ments] deem It advisable that more than one 
chief engineer be appointed for such depart- 
ment, such commissioner, when authorized 
by the board of estimate and apportionment 
and the board of aldermen, may [shall] ap- 
point such additional chief engineers, each 
with power to, appoint and remove at pleas- 
ure, and detail a staff of assistant en- 
gineers. All chief engineers and assistant 
engineers appointed by them respectively, must 
be civil engineers of at least ten years’ ex- 
perience. An engineer located at a branch 
office of his department in any borough may 
be appointed a deputy commissioner for the 
borough or boroughs to which be is assigned. 
An assistant engineer who has been appointed 
a deputy commissioner may be designated 
as the engineer for the borough in which he 
acts as deputy. Any engineer may be desig- 
nated by such title as shall properly describe 
his principal duties In the judgment of the 
bead of his department. 


Consalling: engineers. 

Sec. 455. [The commissioner of water sup- 
ply, the commissioner of iiij;fe;'iyays, and tly 


I 


68 


THE CHARTER OF THE CITY OF NEW YORK. 




commissioner of sewers, shaii each appoint, 
without definite term, when thereto author- 
ized by the board of pubiic improvements, 
a consulting engineer to their respective de- 
partment, who shaii be an expert in all mat- 
ters relating to the work performed by the 
department in which he is appointed and 
■who shall have had at least fifteen years’ 
experience as a civil engineer. 

The commissioner of public buildings, light- 
ing and supplies shall appoint (each without 
definite term) when thereto authorized by the 
hoard of public Improvements, a consul‘’lng 
•fngineer of lighting and electricity to hio de- 
partment, who shall be an expert in all mat- 
ters relating to lighting and electricity, and 
ivhose training shall also have included in- 
struction in the capacity of civil engineer, and 
X consulting engineer of public buildings to 
his department, who shall be an expert in 
the matter of construction, repair and main- 
tenance of public buildings, and a consulting 
architect to his department, who shall be an 
architect of recognized scientific and artistic 
standing of not less than fifteen years’ experi- 
ence.] 

The commissioner of bridges [shall] may 
at any time employ [appoint, without defi- 
nite term], when thereto authorized by the 
board of "public improvements] estim ate 
and apportionmen t and the board of aider- 
men, a consulting engineer, who shall be a 
recognized expert in bridge construction, and 
who shall have had not less than fifteen 
years’ experience as a civil engineer. _The 
commissioner of wa ter supply, gas and elec- 
tricity may at any time employ, when there- 
to authorized by the board of estimate and 
apporti onme nt and the board of alderme n, a 
consulting hydraulic engineer to his depart- 
ment of at least fifteen years’ experience as 
a civil engineer, and a consulting engineer 
of lighting and electricity to h is department 
who shall be an expert in all matters re- 
latlng to lighting and electricity, and w hose 
training shall also have included instruction 
in the capacity of civi l en gineer. 

Coiiiinis.sioiierH; power to appoint, etc. 

■ Sec. 459. If the commissioners of two or 
more departments named in this chapter shall 
at any time determine that the duties of the 
chief engineer or the deputy commissioner 
in each O'f said two or more departments in 
and for any borough can be adequately per- 
formed by one and the same person, then it 
shall be lawful for said commission- 
ers, each acting in his department, to ap- 
point the same individual as chief engineer 
or deputy commissioner, or both, of such de- 
partments for any of said boroughs; such ap- 
pointment as chief engineer may be revoked 
by the proper commissioner or commissioners, 
respectively, as to all but one department, 
[whenever the board of public' improvements 
shall so authorize; and the board of public 
improvements shall also then determine and 
decide for which department the said person 
shall remain and shall be chief engineer.] 

Trauefer of euiployex from borous'li to 

boroiiR'li and from department to de- 
partment. 

Sec. 460. Nothing in this act contained shall 
be construed to limit in any way the power of 
the commissioner at the head of any one of 
the departments named in this chapter to 
transfer any employe or employes from the 
ofilce of his department located in one borough 
to the office of his department in any other 
borough. [It shall be lawful for the board of 
public improvements to transfer employes of 
one of the departments named in this chapter 
to another of said departments, provided that 


in each case the heads of the departments 
affected shall consent to and request such 
transfer. ] 

Traii.sfer of appi'oprliitious. 

Sec. 461. No appropriation to any one of 
the departments named in this chapter, which 
is specifically appropriated to be used in one 
borough shall be transferred for expenditure 
in any other borough [except by the unani- 
mous vote of] by the board of estimate and 
apportionment, except with the consent of 
the pre sident of the borough from which the 
transfer is to be made ; but if any 
public work within the cognizance and 
control of any one of said commissioners 
must be executed in more than one borough 
he may, in his discretion, direct that said 
work shall be done through the Joint forces of 
his department in the boroughs affected, or 
he may execute such work with the force of 
his central office. 

DcfliiHloii of word ‘‘.street.’* 

Sec. 462. Whenever the word “street” or 
the plural thereof, occurs in this chapter, 
it shaii be deemed to include all that is in- 
cluded ’by the term "street, avenue, road, 
alley, lane, highway, boulevard, concourse, 
public square and public place,” or the plu- 
rals thereof, respectively. 

TITLE [4.1 2. 

DEPARTMENT OF W.ATER SUPPLY [.], 
fJAJ« A\p JCI.ECTRICIT’y^ 

CoiiiiiiiNHioner of water supply fi], itnn 

niid electricity; appointment; salnry. 

Sec. 468. The head of the department of 
water supply, gas and electricity shall be 
called the commissioner of water supply [.], 
gas and electricity. He shall be appointed 
by the mayor and hold office as provided in 
chapter four of this act. His salary shall 
be seven thousand five hundred dollars a 
year. The main office of the department shall 
be located in the borough of M anhattan! A 

branch office shall be located in the borough 

of Brooklyn and may be locat ed in the bor- 
ough of The Bronx. ’ 

Id.; jurlNdictlou. 

Sec. 469. The commissioner of water sup- 
ply, gas an d electr icity shall have cognizance 
and control: 

1. Of all structures and property connected 
with the supply and distribution of water 
for public use, except the same shall be 
owned by private corporations, including all 
fire and drinking hydrants and all water 
meters. 

2. Of maintaining the quality of the water 
supply, and of the investigation for, and the 
construction of all work necessary to de- 
liver the proper and required quantity of 
water with ample reserve for contingencies 
and future demands. 

3. Of the collection of the revenues from the 
sale or use of water from the public water 
supply. 

4. Of the enforcing of the regulations con- 
cerning the use of water, and of recommend- 
ing to the [board of public improvements] 
board of alderme n proposed ordinances relat- 
ing to any of the matters within the province 
of his department. 

Of the making and performance of con- 
tracts when duly authorized in accord with 
the provisions of this act, and for the execu- 
ti on of the same in the matter of furnish- 
ing the city, or any part thereof, with gas, 
electricity or any other illumlnaut .or of 
steam: of the selecting, locatin.g and remov- 


ing an d changing of lights for the use of 
the city; of the inspecting and testing of 

gas and electricity used for light, heating 

and power purposes, electr ic m eters, ele c- 
tric wires and of all lights furnished to said 

city; and of the use and transmission qf gas, 

electricit y, pneumatic power and steam f or 

all purposes in, upon, a cross, over and under 

all streets, ro ads, avenues, parks, ptiblic 

places and public buildings; of the con- 

struction of electric mains, co nduits, con- 
ductors, and subwa.vs in any such streets, 
roads, avenues, parks and pu blic places, and 

the granting of the per mission to open streets. 
when approved by the boro ugh president, and 

to open the same for the purpose of carry - 
ing on therein the business of transmitting, 

conducting, usi ng and selling electricity, 
steam, or for the service of pneumatic tubes. 

This section s hall not be construed to em- 
p ower the said commiss i oner to grant per- 
mlsslon to open or use the streets except 
by persons or corpo rations otherwise dul y 
authorized to carry on business of the char- 
acter above specified . 

I«l.; power when more than one bor- 
oiig'li involved. 

Sec. 470. If any of the public work within 
the cognizance and control of the said com- 
missioner of water supply, gas and ele ctricity 
must be executed entirely outside of the city 
limits [and] he may direct that such work 
be done by any of his force [of any bor- 
ough] as may seem to him most advan- 
tageous. 

Id.; restrietton on power to contract. 

Sec. 471. It shall not be lawful for the 
commissioner of water supply, gas and 
electricity to enter into any contract 
whatever with any person or corpora- 
tion engaged in the business of supply- 
ing or selling water for public or private 
use and consumption, unless, preliminary to 
the execution of the contract, the assent of 
the [board of public improvements, and the 
approval of the] board of estimate and appor- 
tionment together with the separate written 
consent and approval of both the mayor and 
the controller of the city of New York of the 
proposed contract in all its details, .shall bo 
given by resolution to the execution of such 
contract as submitted, and it shall not ba 
lawful for the said city of New York or for 
any department thereof, to make any contract 
touching or relating to the public water sup- 
ply. and especially the increase thereof, with 
any person or corporation whatsoever, save 
in accordance with the provisions and require- 
ments of this act, which said provisions and 
requirements are hereby declared to estab- 
lish the exclusive rule for the making of 
such contracts. All proceedings relating to 
the making or approval of any such contract 
may be reviewed by the appellate division 
of the supremo court in the first or second 
department, on the .application of any resi- 
dent taxpayer. 

Id.; power 4u ileteriiiine nonree of 
wafer sapply, coiitleiiiiiatlou proeeed- 
ins'S, etc. 

Sec. 472. The commissioner of water sup- 
ply, gas and electricity, with the approval 
of the board of [public improvements,] es- 
timate and apportion ment shall have pow^ 
within and throughout the state of New 
York, to select and to determine all 
sources of water supply that may be need- 
ed for the supply o'f the public water works 
of said city, and for the supply and distribu- 
tion of water in said city. .\ny sources oX 


THE CHARTER OF THE CITY OF NEW YORK; 


f59 


water so selected and determined by him shall 
be deemed necessary for the public use gt the 
city of New York, and thereupon, with the ap- 
proval of the board of [public improvements 
and of the board of] estimate and apportion- 
ment, together with the authority of the 
[municipal assembly] board of aldermen ex- 
pressed by its resolution or ordinance, it 
shall be lawful for The City of New York to 
acquire by condemnation any real estate or 
any interest therein that may be necessary 
in order to acquire the sole and evclusive 
properly in such source or sources ot.v.ater 
supply, and to wholly extinguish the water 
rights of any other person or corporation 
therein, with the right to lay, relay, repair 
and maintain aqueducts, conduits and water 
l)ipcs with the connections and fixtures on 
the lands of others, and, it necessary, to 
acquire by c ondem nation lauds for s uch pur- 
pose in any county or counties through which 
it may be necessary to pass in conducting 
such waters to The City of New York; the 
right to intercept and to direct the flow of 
water from lands of riparian owners, and 
from persons owning or interested in any 
water, and the right to prevent the flow or 
drainage of noxious or impure matters from 
the lands of others into its reservoirs or 
sources of supply, provided that [he] it 
shall not have power to acquire or to ex- 
tinguish the property rights of any person 
or corporation in or to any water rights that 
[ , ] are in actual use at the time of the 
initiation Of proceedings for condemnation 
for the supply of the waterworks of the peo- 
pie of any other city, town or village of 
fh^ state, or fcr_^e s upply an d distribution 
of waters to the people thereof: or which 
in the opinion of the court on such proceed- 
ings may reasona bly become necessary for 
[were in whole or in part devoted to the] 
such supply [of the water works of 
the people of any other city, town 
or village of the state, or to the sup- 
ply and distribution of water to the people 
thereof.] or to take or use the water of any 
of the canals of the sUte, any canal reser- 
voirs, or waters used exclusively as feeders 
for canals, or from any of the streams ac- 
quired by the state for supplying the canals 
with water. It shall be the duty of the cor- 
poration counsel to take the nece.ssary legal 
proceedings, as, provided in this act, for such 
improvement, upon the request in writing of 
the said commissioner of water supply. In the 
ascertainment of the compensation for any 
property or property rights so acquired, such 
compensation shall be based upon the actual 
values of the property or the interest acquired 
therein at the time of its taking, and there 
shall not be taken into consideration any pros- 
pective or speculative value, based upon the 
possible, probable or actual future use of such 
property or property rights, if the same had 
not been acquired by the said city of New 
York for the public use. The commissiouer 
of water supply, gas an d el ectricity is hereby 
authorized to examine into the sources of 
water supply of any private companies sup- 
plying The City of New York or any portion 
thereof or its inhabitants with water, to see 
that the same is wholesome and the supply 
is adequate, and to establish such rules and 
regulations in respect thereof as are reason- 
able and necessary for the convenience of 
the public and the citizens; and the [board 
of public improvements] said commissioner 
may exercise superintendence, regulation and 
control in respect of the supply of water 
by such water companies, including rates, 
fares and charges to be made therefor, ex- 
cept that such rates, fares and charges shall 


not. without the consent of the grantee, be 
reduced by the [board of public improve- 
ments] said commissioner beyond what is 
just and reasonable; and in case of a con- 
troversy, the question of what is just and 
reasonable shall be Anally determined as a 
judicial question on Its merits by a court 
of competent jurisdiction. The City of New 
York is authorized to acquire by purchase. 
lease, cr otherwise, lauds or water in ajny 
other state, or rights, Inl^est, or privileges 
in, to or over any lands or water in any other 
state for the purpose of s_upplying water to 
The City of New York. Nothing in this section 
contained sh all be deemed in a ny manner to 
limit the rights, property rights, power_or 
jurisdiction now po ssessed by The City of 
New York in relation to t he possession, main- 
tenance. operation o r completion of its pres- 
ent water system. 

[Muiiioliinl aKHciiil»ly tlBonrd of nlder- 
tiieii: power t«» llx rent!*, ele., f«»r 
Witter Miipply. 

Sec. 473. The [municipal assembly] board 
of aldermen shall hereafter have all pow'er, 
on the recommendation of the [board of 

public improvements,] commissioner of 

water supply, gas and elctricity, to fix 
and to establish a uniform scale of rents, 
and charges for supplying water by the city 
of New York which shall be apportioned to 
different classes of buildings in said city in 
reference to their dimensidns, values, ex- 
posures to fires, ordinary uses for dwellings, 
stores, shops, private stables and other com- 
! mon purposes, number of families or occu- 
pants, or consumption of water, as near as 
may be practicable, and modify, alter, amend 
and increase such scale from time- to time, 
and to extend it to other descriptions of 
buildings and establishments. All extra 
charges for water shall be deemed to be in- 
cluded in the regular rents, which shall be- 
come a charge and lien upon the buildings 
upon which they are respectively imposed, 
and if not paid, shall be returned as 
arrears to the collector of assessments 
and arrears. Such regular rents. In- 
cluding the extra charges above men- 
tioned, shall be collected from the owners or 
occupants of all such builaings, respectively, 
which shall be .situated upon lots adjoining 
any street or avenue in said city in which 
the distributing water pipes are or may he 
laid, and from which they can be supplied 
with water. Said rents. Including the extra 
charges aforesaid, shall become a charge 
and lien upon such houses and lots, respect- 
ively, as herein provided, but no charge 
whatever shall be made against any building 
In which a water meter may have been, or 
shall be placed as provided in this act. In 
all such cases the charge for water shall be 
determined only by the quantity of water 
actually used as shown by said meters. 

CoiiiiiitssloHPr, power to coiitraet for 
water supply for tlie Tweuty-lourtli 
ward; duty In relation to. 

Sec. 474. The commissioner of water sup- 
ply, gas and electricity is authorized, on 
behalf of The City of New York, with 
the preliminary consent of the [board of 
public improvements and of the] board 
of estimate and apportionment, to con- 
tract from time to time with the city of Yon- 
kers, or tl ) board of water commis- 
sioners of the city of Yonkers, for 
a supply 'it wholesome water for the 
Twentv-fourth ward and other parts of the 
borough <■'. the Bronx, from the water works 
or water belonging to them or under theli 
charge tnd control, for such time, in such 


quantUes, and at such places as may be 
agreed upon by them. The said commissioner 
[of water supply] is authorized and directed 
to procure, purchase and lay, provide and 
make ready for use, from time to time, so 
many mains and pipes and other means and 
appliances, and erect so many hydrants as 
may be necessary and sufficient to distribute 
and supply the water so procured under con- 
tract with the city of Yonkers to and through 
said Twenty-fourth ward, or such part of It 
as may require or be in need of the same, 
and which cannot be or. In his judgment, 
ought noit to be supplied from the Croton wa- 
ter worlts, and to purchase, provide, do and 
perform all things necessary or proper to en- 
able the said Twenty-fourth ward, or said 
part, and the inhabitants thereof, to obtain 
and have an abundant supply of water at all 
times, and for such purpose, in case of ne- 
cessity or convenience, to arrange and agree 
with the owner of lands in said ward for an 
irrevocable license or permission to enter up- 
on, lay, repair, keep in order, protect and 
maintain mains, pipes, conduits and' hydrants 
in, through and upon said lauds. The [mu- 
nicipal assembly] board of aldermen is au- 
thorize to fix, and from time to time to alter, 
on the recommendation of the [board of pub- 
lic improvements,] said commissioner, special 
rates or charges for water supplied to any house 
or building, or to any other erection or struct- 
ure, in said Twenty-fourth ward, including 
washers and hydrants, and to make such ar- 
rangements and rules as may be proper to as- 
certain the quantity of water used therein, 
or by means thereof, and such rates and 
charges shall be a lien until paid upon the 
lands upon which such house, building or 
other erection or structure may stand or be 
situated, and shall be collectible at the same 
time and in the same manner, including sales 
for unpaid taxes, as the ordinary tax imposed 
on the same lands. 


Sec. 475. The commissioner of water supply 
is authorized, in his discretion, to cause water 
meters, the pattern and price of which shall 
be approved by the board of [public improve- 
ments,] ^ermen to be placed in all stores, 
workshops, hotels, manufactories, office build- 
ings, public edifices, at wharves, ferry- 
houses, stables, and in all places in which 
water is furnished for business consumption, 
and, it authorized thereto by resolution or 
ordinance of the board of aldermen, in all 
apartment houses, tenements, flat houses 
and private dwellings, so that all tvater 
so furnished therein or thereat may 
be measured and known by the said de- 
partment, and tor the purpose of ascertaining 
the ratable portion which consumers of water 
should pay for the water therein or thereat re- 
ceived and used. Thereafter, as shall be de- 
termined by the commissioner of water sup- 
ply, the said department shall make out all 
bills and charges for water furnished by them 
to each and every consumer as aforesaid, to 
whose consumption a meter as aforesaid is 
affixed in ratable proportion to the water 
consumed, as ascertained by the meter on 
his or her premises or places occupied or used 
as aforesaid. All expenses of meters, their 
connections and setting, water rates and other 
lawful charges for the supply of water shall 
be a lien upon the premises where such water 
is supplied as now provided by law. Nothing 
herein contained shall be construed so as to 
remit or prevent the due collection of arrear- 
ages or charges for water consumption hereto- 
fore incurred, nor interfere with the proper 
liens therefor, nor of charges, or rates, or 
liens hereafter to b'i 'acurred for water ca||> 


60 


THE 


sumption In any dwelling house, building, or 
place which may not contain one of the meters 
aforesaid. The moneys collected for expenses 
of meters, their connections and settings, shall 
be applied by the commissioner of water sup- 
ply to the payment of expenses incurred in 
procuring, connecting and setting said meters. 

Ailtlitiuunl olinrere for non iinynient of 

rentK. 

See. 476. The annual rents which are not 
paid to the department of water supply be- 
fore the first day of August in each year, shall 
be subject to an additional charge of 5 per 
centum and those rates not paid before the 
first d«y of November in each year shall be 
subject to a further additional charge of 10 
per centum. 

A'o valve, etc., to lie n»e<l with royalty. 

Sec. 477. No patent hydrant, valve, or stop- 
cock shall be used by the department of water 
svippl.' unless the patentee or owner of said 
patent shall allow the use of the patent by 
said department without royalty. 

Printed notice of rules and regulations 

Sec. 41 S. The rules and restrictions for the 
use of the water printed on each permit 
shall be notice to the water takers, and shall 
authorize the exaction and recovery by 
process of law of any penalties which may be 
imposed in addition to cutting off the use of 
the water for any violations of the rules, and 
this section shall be printed on such permits. 

ConiiniHiiioncr |m 1, duty in regard to 

.Monrees of water snpiily and jiroperty 

of deiinrtinent. 

Sec. 479. The commissioner of w'ater sup- 
ply, gas and electricity is charged with 
the preservation of all lakes and all 
waters frvm which a water supply is 
drawu by the city, with the preservation of 
the banks of and of any river or other body 
of wate’- from which the water supply is 
drawn, fiom injury or nuisance, and with the 
execution of such measures as may bo nec- 
essary to preserve and increase the quantity 
of water and keep It pure and wholesome 
and free from contamination and pollution 
with the management, preservation and re- 
pairs of the dams, gates, aqueducts, bridges, 
water towers, reservoirs, mains, pipes, pipe- 
yard and property of every description be- 
longing to tho water works, and shall have 
the construction of such new works and the 
purchase and laying down of such mains and 
pipes as may be authorized in accordance 
with law. The department of water sup- 
ply, gjs and electricity, shall be responsible 
for the supply of water and the good or- 
der and security of all the waterworks for 
the exactness and durability of the struc- 
tures which may be erected and for 
the daily work to be performed and 
for the sufficiency of the supply in the pipe- 
yards CO meet every casualty, and for the 
fidelity, care and attention of all persons 
employed by the department in watching the 
works and In making constructions and 
repairs. 

.AHsessmeut on lands nsed ns reser- 
voirs. 

Sec. 480. The lands heretofore taken or to 
be taken for storage, reservoirs, or for other 
constructions necessary for the introduction 
and maintenance of a sufficient supply of 
water in the city, or for the purpose of pre- 
venting contamination or pollution, shall be 
assessed and taxed in the counties in which 
they are or may be located in the manner 
prescribed by law, at the value of the lands 
exclusive of the aqueducts, and the construc- 
tion and works necessary for its purposes, 
provided that the assessed value of the said 
i&ads shall not exceed the assessed value of 


.\RTER OF THE CITY OF NEW 


the lands In the immediate neighborhood 
thereof. But nothing in this section con- 
tained shall prevent the assessors in the 
county of Nassau from assessing the pump- 
ing stations and buildings located in such 
county. 

('ertain aets misdemeanors. 

Sec. 481. It shall not be lawful for any per- 
son to throw or deposit, or cause to be 
thrown or deposited in any lake, pond or 
stream, or in any aqueducc from or through 
which any part of the water supply of the 
city of New York shall be drawn, or either of 
the reservoirs, any dead animal or oth- 
er offensive matter, or anything what- 
ever. Any person offending against the pro- 
visions of this section shall be deemed guilty 
of a misdemeanor, and upon conviction there- 
of shall be punished by a fine or imprison- 
ment, or both, in the discretion of the court. 
Such fine not to exceed the sum of one hun- 
dred dollars, and such imprisonment not to 
exceed a period of three mouths. Such im- 
prisonment to be in the jail of the county in 
which the offense shall have been committed. 

Id.; voiitiiiiied. 

Sec. 482. If any person shall willfully do or 
cause to be done any act whereby any work, 
materials or property whatever, erected or 
used or hereafter to be erected or used with- 
in the city or elsewhere, by the said city, or 
by any person acting under their authority, 
for the purpose of procuring or keeping a 
supply of water, shall in any manner be in- 
jured or shall erect or place any nuisance on 
the banks of any river, lake or stream from 
which the water supply of said city shall 
be drawn, or shall throw anything into the 
aqueduct, or into any reservoir or pipe, such 
person, on conviction thereof, shall be deemed 
guilty of a m,isdemeanor. 

Uiif.v of eommiMHionertof water niiiijily.] 

Sec. 483. The commissioner of water sup- 
ply, gas_ and electricity is hereby au- 
thorized, empowered and directed to 
cari'y out the provision of this act, 
in the manner hereinafter provided, for 
the purpose of maintaining, preserving and 
increasing the supply of pure and wholesome 
water for the use of the city, and for the 
purpose of preventing or removing contam- 
ination or pollution of any supply or source 
or sources of supply of water heretofore ac- 
quired by or on behalf of said city, and for 
the purpose of preventing the contamination 
or pollution of any river, water course, lake, 
pond, stream or reservoir hereafter acquired 
for the purpose of supplying said city with 
water. 

To take T>rofee«lliie:(» to ncqnire title. 

Sec. 484. In all cases where the commis- 
sioner of water supply, gas and electrici- 
ty shall hereafter enter upon, acquire, 
take or use, or shall -deem it necessary 
to enter upon, acquire, take or use any “real 
estate,” as the term real estate is defined by 
this act, for the purpose of maintaining, pre- 
.serving or increasing the supply of pure 
and wholesome water for the use of said city, 
or for the purpose of preventing the contami- 
nation or pollution of the same, as herein- 
before set forth, the said commissioner is 
authorized, for and in behalf, and in the name 
of the city of New York, in the manner here- 
inafter prescribed, to acquire all rights, titles 
and interests in and to such real estate, by 
whomsoever the same may be held, enjoyed 
or claimed, and to pay for and extinguish all 
claims or damages on account of such rights, 
titles or interests, or growing out of such 
taking or using. 

Deflnitioii of “real estate.” 

Sec. 485. The term “real estate” as used in 
this chapter shall be construed to signify and 


rORK. 


embrace all uplands, lands under water, the 
walfer of any lake, pond or stream, all water 
rights or privileges, and any and all ease- 
ments and hereditaments, corporeal or in- 
corporeal, and every estate. Interest and fight, 
legal and equitable, in lands or water, or any 
privilege or easement thereunder, including 
terms for years, and liens thereon by way of 
judgment, mortgages or otherwise, and also 
all claims for damage to such real estate. It 
shall also be construed to include all real 
estate (as the term is above defined) hereto- 
fore or hereafter acquired or used for rail- i 
road, highway or other public purpose, provid- 
ing the persons or corporations owning such 
real estate, or claiming interests therein, 
shall be allowed the perpetual use, for such 
purposes, of the same or of such other real 
estate to be acquired for the purposes of this 
act as will afford practicable route or loca- 
tion for such railroad, highway or other public 
purpose, and in the ease of a railroad com- 
mensurate with and adapted to Its needs; 
and provided, also, that such persons or cor- 
porations shall not, directly or indirectly, b# i 
subject to expense, loss or damage by reason f i 
of changing such route or location, but that 
such expense, loss or damage shall be borne 
by the city. In case any real estate so acquir- 
ed or used for public purposes is sought to be 
taken or affected for the purposes of this act, 
there shall be designated upon the maps re- 
ferred to in this act, and there shall be de- 
scribed in the petition referred to, such portion 
of the other real estate shown on said maps 
and described in said petition as it is pro- i 
posed to substitute in place of the real estate 
then used for such railroad, highway or other 
public purposes. The supreme court, at the 
special term to which said petition is pre- 
sented, or at such other special term as the 
consideration thereof may be noticed or ad- 
journed to, shall either approve the subsil- j 
tuted route or place or refer the same back j 
to the said commissioner for alteration or j 
amendment, and may refer the same back, 
with such directions or suggestions as the | 
said court may deem advisable, and as often 
as necessary, and until the said commissioner | 
shall determine such substituted route or | 
place as may be approved by the court; an j 
appeal from any order made by said court | 
at special lerm, under the provisions of this 
section, may be taken by any person or 
corporation interested in and aggrieved there- i 
by, to the appellate division of the judicial 
department in which the real estate is situ- 
ated, and shall be heard as a non-enumerated 
motion. The commissioners of appraisal here- 
in referred to, in determining the compensa- 
tion to be made to the persons or corporation* 
owning such real estate, or claiming interest 
therein, shall include in the amount of such 
compensation such sum as shall be sufficient 
to defray the expenses of making such change 
of route and location and of building said 
railroad or highway. The said commission- 
ers of appraisal shall suggest in their report, 
and the court, in the order confirming such 
report, shall determine, subject to review by 
the said appellate division, what reasonable 
time after payment of the awards’ to said 
persons or corporations shall be sufficient 
within which to complete the work of mak- 
ing such change, and the said city of New 
York as the commissioner of water supply, gas 
and electricity thereof shall not be entitled to 
take possession or interfere with the use, for 
the aforesaid purposes, of such real estate, 
before the expiration of such time. This time 
may be subsequently extended by the court 
(subject to review as aforesaid) upon suffi- 
cient cause shown. After the expiration of 
the time so determined or extended no uso > 
shall be made of said real estate which shall i 


i. 


THE CHARTER OF THE CITY OF NEW 


cause pollution to the water in said reservoir, 
or the construction of said reservoir, or inter- 
fere with its flow. 

Commissioner lo prepare mni>s. 

Sec. 486. Whenever, in the opinion of said 
commissioner, it is necessary to acquire any 
such real estate (as the term “real estate” is 
herein deflned) for any of the purposes here- 
inbefore set forth, or for the purpose of ex- 
tinguishing any right, title or interest there- 
to' or therein, the said commissioner, for 
and on behalf of the city of New York, shall 
prepare a map or maps of the real estate 
which in his opinion it is necessary to acquire 
for the purposes hereinbefore set forth, and 
shall submit the same to the board of [pub- 
lic improvements] estimate and apportion- 
men t, for approval. Thd said board may adopt, 
modify or reject such maps in whole or in 
part, and may require others to be made in- 
stead thereof. A copy of the map or maps so 
jirepared, with a certificate of the adoption 
thereof, signed by the commissioner and the 
[president of the board of public improve- 
ments,] mayor, shall be filed in the office of 
said commissioner and be open to public in- 
spection, and shall be the map or maps of the 
real estate to be acquired, subject to such 
changes or modifications as the said commis- 
sioner may from time to time deem necessary 
for the more efficient carrying out of the 
provisions of this act. And the said board of 
[public improvements,] estimate and ap- 

portionment, prior to the final adop- 
tion of such map or maps, shall afford to all 
persons interested a full opportunity to be 
heard respecting such map or maps and the 
acquisition of the real estate shown thereon, 
and shall give public notice of .such hearing, 
by publishing a notice, once in each week, 
for three successive weeks in the City Rec- 
ord and the corporation newspapers, and in 
two papers published in the county or counties 
in which the real estate to be acquired or 
affected is situated, and in two daily papers 
in the city cf New York. At such hearing 
or hearings testimony may be produced by 
ihe parties appearing before [him] U in 
such manner as said board may determine, 
and the [president of said board] mayor is 
hereby authorized to administer oaths and 
issue subpenas in any such proceeding pend- 
ing before [him] 

Rower fo enter niioii luiids for tlie 

]»ur|ioae of niakinit' nmiis. 

Sec. 487. The said commissioner, his 
agents, engineers, surveyors and such other 
persons as may be necessary to enable him 
to perform his duties under this act, are 
hereby authorized to enter upon real estate, 
as the term real estate is defined in this act, 
and any land or water on or contiguous to 
the line, course, site or track of any pond, 
lake, stream, reservoir, dam, aqueduct, cul- 
verts. sluices, canais, bridges, tunnels, pump- 
ing works, b'.ow-offs, shafts and other appur- 
tenances, for the purpose of making surveys 
or examinations and preparing and posting 
the notices required by this act. 

netalle of luapx. 

Sec. 488. After the final adoption of eaia 
map cr mape the eaid commissioner ehall 
prepare six similar maps or plans of the 
proposed site of any dam. reservoir, aque- 
duct, sluice, culvert, canal, pumping works, 
bridges, tunnels, blow-offs, ventilating shafts, 
and other necessary appurtenances for the 
proper completion of the work so proposed by 
him. Upon these maps there shall be laid 
out and numbered the various parcels of 
real estate, on, over or through which the 
same are to be constructed and maintained, 
or which may be necessary for the prosecu- 


tion of the v/ork authorized by this act. On 
said maps the natural and artificial division 
lines existing on the surface of the soil at 
the time of the survey shall be delineated, 
and there shall be plainly indicated thereon 
of which parcels the fee or other interest 
Is to be acquired. The said maps may be 
made and filed in sections. One or more sec-, 
ttons may be determined 'before the maps 
of the w-hola construction are completed. The 
proceedings hereinafter authorized may, in 
like manner be taken separately, in reference 
to one or more of such sections, before the 
maps of the whole are filed. The work upon 
one or more of such sections may be begun 
before the maps of the remaining sections 
are filed. The map or n^aps when adopted by 
the said commissioner and board of [public 
improvements] estimate and apportionm ent, 
shall be by said commissioner transmitted 
to the corporation counsel, with a certificate 
of approval written thereon and signed by 
the said commissioner and the [president of 
the board of public improvements] mayoi\ 

.Mitps to 1>e tlloil. 

Sec. 489. The corporation counsel shall 
cause one of said maps to be filed in the of- 
fice af the clerk of each county In which any 
real estate laid out on said maps shall he lo- 
cated, except that in any county in which 
there may he a register’s office, the said map 
shall he filed therein, inetead c£ with the 
county clerk. The fourth, fifth and sixth 
maps shall be disposed of in the manner in- 
dicated in section 495 of this act. 

Corporation counsel to eoniluet pro- 

ceetlluRs. 

Sec. 490. After the, said maps shall have 
been filed, as provided for in the last section, 
the corporation counsel for and on behalf 
of the city of New York, shall, upon first 
giving the notice required in the next section 
of this title apply to the supreme court, at 
a special term thereof to be held in the ju- 
dicial district in which the real estate to be 
acquired or affected is situated, for the ap- 
pointment of commissioners of appraisal. Up- 
on such application he shall present to the 
court a petition, signed and verified by the 
said commissioner, according to the practice 
of said court, setting forth the action thereto- 
fore taken by said commissioner and 
board of [public improvement,] es timat e 
and apportionment and the filing of said 
IMP and praying for the appointment of such 
commissioners. Such petition shall contain 
a general description of all the real estate 
to, in. or over which any title, interest, right 
or easemem I's sought to be acquired for the 
said city for the purposes of this act, each 
parcel being more particularly described by 
r reference to the number of said parcel, as 
given on said map; and the title, interest or 
easement sought to be acquired to. In, or 
over such parcel, whether a fee or otherwise, 
shall he stated in the petition. 

Xotloe <o 1m- Klveii. 

Sec. 491. The corporation counsel shall give 
notice in the City Record, and corporation 
newspapes, and in two public newspaiiers 
published in the city of New York, and in 
two public newspapers published in each 
county in -which any real estate laid out on 
said maps may be located, of his intention 
to make application to the said court for the 
appointment of such commissioners of apprais- 
al, which notice shall specify the time and 
place of such application, shall briefly state 
the object of the applipation, and shall de- 
scribe the real estate sought to be taken 
or affected. A statement of the boundaries of 
the real estate to bn acquired or affected, 
with separate enumerations of the numbers 


YORK. 61 


of the parcels to be taken, in fee, and of the 
numbers of the parcels in which any interest 
or easement is to be acquired, with a refer- 
ence to the date and place of “ling the said 
map shall be sufficient description of the 
real estate sought to be so taken or affected. 
Such notice shall be so published, once in each 
week, in each of the said newspapers, for 
six weeks immediately previous to the pres- 
entation of such petition; and the corporation 
counsel shall, in addition to the said adver- 
tisements, cause copies of the same, in hand- 
bills, fO be posted in at least twenty con- 
spicuous places in the vicinity of the real 
estate so to be taken or affected, at least 
six weeks prior to said application. 

Motions I'or apiioiiitment of coniniiH- 

.-sioners of aiipruinni. 

Sec. 492. Ai the time and place mentioned 
in s.aid notice, unless the said court shall ad- 
journ said npplica-cion 'to a subsequent day, 
and in that event, at the time xo wblch the 
same may be adjourned, the court upou due 
proof CO its satisfaction of the publication and 
posting aforesaid, and upon filing 'the said pe- 
tition, shall make an order for the appoint- 
ment of three disinterested and competent 
freeholders, one of whom shall reside in the 
county of New York, one of whom shall reside 
in the county in which the real estate acquired 
or affeefted is situated, and one cf whom shall 
reside in the county in which the said real es- 
tate shall be situated, or in an adjoining coun- 
ty, as commissioners of appraisal to ascertain 
and appraise the compen.saticn to be made to 
the owners and all persons interested in the 
real estate laid down on said maps, as pro- 
posed to be taken or affected for the purposes 
indicated in this act. Such order shall fix the 
time end place for the first meeting of the 
commissioners. 

CuiiiiniMsif>)i(‘r» (ii take and Hie ciatli. 

Sec. 49S. The said cciumlssioners shall take 
and subscribe the oath required by the twelfth 
article of the constitution, and shall forthwith 
file the same in the office of the clerk of ihe 
county in which the real osta'te to be acquired 
or effected is situated, and shall file certified 
copies of said oath in the office of the regis‘;er 
and county clerk of the county of New York. 

City to l»eeonit- Hci/.ed of real cutnte. 

Sec. 494. On filing the oath of the com- 
missioners of appraisal, in the manner pro- 
vided by the last section, the raid city of 
New York shall be and become seized in fee 
of all those parcels of real estate which are 
shown on the said map hereinbefore referred 
to. of which it has been determined by the 
said commissioner, that the fee shall be ac- 
quired, and shall be entitled to take and 
hold such interest in the parcels of land in 
w'hich it has been determined that the fee 
shall not be acquired, as has been shown on 
said map and described in said petition, and 
may immediately, upon the filing of such 
oaths and such certified copies, or at any 
time or times thereafter, take possession of 
the lands shown on said map. or any part or 
parts thereof without any suit or proceeding 
at law for that purpose. 

ProceetliiiK'n of voiiiinlNsioiirra. ^ 

Sec. 495. Any one of said commissioners oi 
appraisal may issue subpenas and administer 
oaths to witnesses; and they, or any one of 
them, in the absence of the others, may ad- 
journ the proceedings from time to time, in 
their discretion, but they shall continue to 
meet, from time to time, as may be neces- 
sary to hear, consider and determine upon all 
claims which may be presented to them under 
this act. In case of death, resignation, r»- 
tusal, neglect or inability to serve, of any 
commissioner or commissioners of appraisal. 


62 


THE CHARTER OF THE CITY OF NEW YORK. 


the corporation counsel shall, upon due no- 
tice to be given by advertisement in the 
newspapers designated in this act ten days 
prior to such application, apply to the su- 
preme court, at a snecial term thereof, to be 
held in the judicial district in which the real 
estate is situated for the appointment of one 
or more commissioners to fill the vacancy 
or vacancies so occasioned. Whenever the 
commissioners meet, except by appointment 
of the court, or pursuant to adjournment, 
they shall cause reasonable notice to be given 
to the attorneys for sucn parties who have 
appeared. It shall be the duty of the commis- 
sioners of appraisal to procure from the cor- 
poration counsel the fourth, fifth and sixth 
copies of the maps provided for in this act. 
They shall view the reat estate laid down on 
said maps, and shall hear the proofs and alle- 
gations of any owner, lessee or other person 
in any way entitled to, or interested in said 
estate, or any part or parcel thereof, and also 
such proofs and allegations as may be offered 
on behalf of the city of New' York. They, 
or a majority of them, shall also determine 
the height to which the waters of any lake, 
pond or natural stream concerning which such 
proceedings were instituted may be raised 
and the point to which such waters may bo 
drawn down by the City of New York, such 
determination to be made before any award of 
damages shall be made on account of such 
proposed raising or depressing of such waters, 
and they shall also determine what sum shall 
be paid to the general or special guardian or 
committee of an infant, idiot, or pcrAn of 
unsound mind, and to the attorney appointed 
by the court to attend to the interests of 
any unknown owner or party in interest, or 
to the attorney or guardian of any party in 
interest whose interests are unknown or the 
interest of any person or persons not in be- 
ing. They shall reduce the testimony, if any, 
taken before them, to writing, and after the 
testimony is closed, they, or a majority of 
them, all having considered the same, and 
having an opportunity to be present, shall, 
without unnecessary delay, ascertain and de- 
termine the just compensation which ought 
Justly to be made by the city of New York to 
the owners, or the persons interested in the 
real estate sought to be acquired or affected 
by said proceedings. The said commissioners 
of appraisal shall make reports of their pro- 
ceedings to the supreme court, as in the next 
section provided, with tho minutes of the tes- 
timony taken by them, if any, and they shall 
be entitled to the payments hereinafter pro- 
vided for their services and expenses, to be 
paid from the fund herein provided. 

ConiiiiiMMioiierH to prepure report. 

Sec. 496. The said commissioners shall pre- 
pare a report and a true copy or copies 
thereof, as may be required, to which shall be 
respectively annexed the fourth and fifth copies, 
and, if required, the sixth copy of the maps 
referred to in this act. The said report shall 
contain a brief description of the several 
parcels of real estate so taken or affected, 
w'ith a reference to the map as showing the 
location and boundaries of each parcel; a 
statement of the sum estimated and determin- 
ed upon by them as a just compensation to 
be made by the city to the owners of or per- 
sons entitled to or interested in each parcel 
so taken or affected, and a statement of the re- 
spective owners of or persons entitled thereto 
or interested therein; but in all and each and 
every case and cases, where the owners and 
parties interested, or their respective estates 
or interests are unknown, or not fully known, 
to the commissioners of appraisal, it shall be 
sufficient for them to set forth and state, in 
general terms, the respective sums to be al- 
lowed and paid to the owners of and parlies 


Interested therein generally, without speci- 
fying the names or estates or interests of such 
owners or parties interested, or any or either 
of the,’^.!. They shall also recommend such 
sums as shall seem to them proper to be al- 
lowed to the parties or attorneys appearing 
before them, as costs, counsel fees, expenses 
and disbursements, including reasonable com- 
pensation for witnesses. 

Report to he tiled. 

Sec. 497. Said report signed by the com- 
missioners, or a majority of them, shall be 
filed in the office of the clerk of the county 
in which the real estate is situated. The 
commissioners of appraisal shall notify the 
corporation counsel as soon as the said report 
is filed. 

\otiee of motion to eoiilirm report. 

Sec. 498. The corporation counsel, or, in 
case of his neglect to do so within ten days 
after receiving notice of such filing, then any 
person interested in the proceedings, shall 
give notice that the said report will be present- 
ed for confirmation to the supreme court, at a 
special term thereof, to be held in the judicial 
district in which the real estate is situated, at 
a time and place to be specified in said notice. 
The said notice shall contain a statement of 
the time and place of the filing of the report, 
and shall be published in each of the newspa- 
pers referred to in section 491 of this act, once 
in each week, for at least four weeks Imme- 
diately prior to the presentation of said re- 
port for confirmation. 

Conflrmatioii of report. 

Sec. 499. The application for the cenfirma- 
tion of the report shall be made to the su- 
preme court, at a special term thereof, held 
in the judicial district in which the real 
csstate is situated. Upen the hearing of tho 
application fer the confirmation thereof, the 
said court shall confirm such report, and 
make an order, containing a recital of the 
substance of the proceedings in the matter of 
the appraisal, with a general description of 
the real estate appraised, and for which com- 
pensation is to be made; and shall also direct 
to whom tho money Is to be paid, cr in what 
trust company it shall be deposited by the 
controller of the city of New York. Such re- 
port, when so confirmed, s^all (except in the 
case of an appeal, as provided in section 505 
of this act) be final and conclusive as well 
upon the said city of New York as upon the 
owners and all persons Interested in or en- 
titled to said real ©state; and also upon all 
other persons whomsoever. 

Piiyiiieiit of awards. 

Sec. 500. The said city of New York shall, 
within four calendar months after the making 
and entry of the order confirming the report 
of the commissioners of appraisal, pay to 
the respective owners and bodies, politic or 
corporate, mentioned or referred to in said 
report, in whose favor any sum or sums of 
money shall be estimated and reported by .said 
commissioners, the respective sum or sums so 
i estimated and reported in their favor respect- 
ively; with lawful interest thereon, from the 
date of filing the oath of said commissionor.j 
and certified copies thereof, as by this act 
required. .-Vnd in case of neglect or default 
in the payment cf the same within the time 
aforesaid, the respective person or persons, or 
I bodies, politic or corporate, in whose favor 
; the same shall be so reported, his. her, or 
their executors, administraters, legal repre- 
sentatives or succcsscrs, at any time or times, 
after application first made by him, her, or 
them, to the controller of the city, of New 
• York for payment thereof, may sue for and 
recover the same, with lawful interest, as 
I aforesaid, and the ccsis of suit in any proper 
I form of action against the said city of New 


York in any court having cognizance thereof, 
and in which it shall be sufficient to declare 
generally for so much money duo to the 
plaintiff or plaintiffs therein by virtue of this 
act. for real estate taken cr affected for the 
purposes herein mentioned, and the report 
and order confirming report of said commis- 
sioners. with proof of the right and title of 
the plaintiff or plaintiffs to the sum or sums 
demanded shall be conclusive evidence in 
such suit or action, and entitle plaintiff to 
judgment therein. 

i 

Sum iiwarileil to lie depoKlteil in ocr- 
tnln cnHC». 

Sec. 501. Whenever the owner or owners, 
person cr persons interested in any real es- 
tate taken or affected in such pr.'ceodings, 
or in whcee faver any such sum or sums or 
] compensation shall be so reported, shall be un- 
I der the age of 21 years, of unsound mind. 

I or absent from the state of New York, and also 
I in all cases where the name or nameo of tho 
i owner or owners, person or persons, interested 
i in any such real estate shall not be set forth 
I or mentioned in the said report or where the 
! said owner or owners, person or persons, be- 
ing named therein cannot, upon diligent in- 
quiry, bo found, cr where there are adverse 
or conflicting claims to tho money awarded 
as compensation, it shall be lawful f;r the 
said city of New York to pay the sum or sums 
mentioned in the said report, payable, or 
I that would be coming to such owner or owners, 
person or persons respectively, with intereit 
aforesaid, into such trust company as the court 
may, in the erder of confirmation, direct, ta 
the credit of such owner cr owners, person 
or persons, and such payment shall bo as 
valid and effectual, in all re.spects, as if made 
to the said owner or owners, person or per 
sons interested therein respectively them- 
selves, according to their just rights; and pro- 
vided, also, that in all and each and every 
such case and cases where any such sum or 
sums, or compensation, reported by the com- 
missioners in favor of any person or persons, 
or party or parties, whatsoever, whether 
named or not named in the said report, shall 
be paid to any person or persons, or party or 
parties, whomsoever, when the same shall of 
right belong and ought to have been paid to 
some other person or persons, or party or 
liarties, it shall be lawful for the person or 
persons, or party or parties to whom the 
same ought to have been paid, to sue for and 
recover the same, with lawful interest and 
costs of suits, as so much money had and re- 
ceived to his, her or their use, by the person 
or persons, party or parties respectively to 
whom the same shall have been so paid. 

; Who may present elaiin before eom- 
i iiiiHsioner. 

; Sec. 502. Every owner or person in any way 
interested in any real estate taken, affected or 
entered upor and used and occupied for the 
purposes contemplated by this act. and any 
owner or person Interested in real estate con- 
tiguous thereto, and which is affected by the 
acquisition, use or occupation of the .’•eal 
estate shown on said map, whether such con- 
tiguous real estate is chownon the maps or not, 

! if he or they intend to make claim for com- 
! pensatlon for such taking, entering upon, using 
or occupying, shall, within one year after the 
‘ appointment of the commissioners of appr.iis- 
; al, exhibit to the said commissioners a state- 
ment of claim, and shall thereupon be entitled 
to offer testimony and to be heard before them 
touching such claim, and the compensation 
proper to be made, and to have a determina- 
tion made by such cemmissioners of appraisal 
as to the amount cf such comp;nsaticu. Every 
perscu, corporation, or body politic, neglecting 
I cr refusing to present such claim within 
' said time shall be deemed to haye surrendered 


THE CHARTER OF THE CITY OF NEW 


his, her or its title or interest in such real 
estate, or his, her or its claim for damages 
thereto, except so far as they may be entitled 
as such owner or person interested, to the 
whole or a part of the sum of money awarded 
by the commissioners of appraisal as a just 
compensation for taking, using and occupy- 
ing, or as damages for affecting the real 
estate owned by said person, corporation, or 
body politic. 

City profeofed Iiy payment. 

Sec. 503. Payment of the compensation 
awarded by said commissioners of appraisal 
to the person or persons, corporation, or body 
politic named in their report (if not infants 
or persons of unsound mind) shall, in the ab- 
sence of notice to the city of New York of other 
claimants to such award, protect the said city 
of New York. 

Separate reports may l*e made. 

Sec. 504. Said commit sioners of appraisal 
may, in their discretion, take up any specified 
claim or claims, and finally ascertain and de- 
termine the compensation to be made thereon, 
and make a separate report with reference 
thereto, annexing to said report a copy of so 
much of the maps as displays the parcel or 
parcels so reported on. Such report shall, as 
to the claims therein specified, be the report 
required in this act. and the subsequent ac- 
tion with reference thereto shall be had in the 
f.ame manner as though no other claim was 
embraced in said proceeding, which, however, 
shall continue as to all claims upon which no 
such determination and report is made. 

Proceeding’!* in enne of an appeal. 

Sec. 505. Within twenty days after the mak- 
ing, entry and service of the order confirming 
the report of the commissioners of appraisal, 
as provided for in this act, of which notice 
may, as to the parties who have not appeared 
before the commissioners, be given in tlie 
manner provided in this act, either party 
may appeal by notice in writing to the appel- 
late division of the supreme court, of the 
judicial department in which the real estate 
described in said petition and shown on said 
map is situated. Such appeal shall be heard, 
on due notice thereof being given, according 
to the rules and practice of the said court, 
and pending such appeal the coutroller of the 
city of New York shall deposit in such trust 
company as the court shall direct the 
amount of the award, with interest to the 
date of such deposit, and the funds so depos- 
ited stall remain with the trust company, 
subject to the further order of the court. On 
tha hearing of such appeal the court may di- 
rect a new appraisal and determination by 
the same or new commissioners, in its dis- 
cretion, and either party it aggrieved may 
take a further appeal, which shall be heard 
and determined by -the court of appeals. In 
the case of a new appraisal the second report 
•nail be final and conclusive on all parties 
and persons interested. If the amount of* 
compensation to be made by the said city is 
increased by the second report the difference 
shall be paid by the controller of the ci*ty of 
New York to the parties entitled to the same 
or shall be deposited as the court may direct: 
and if the amount is diminished, the differ- 
ence shall be refunded to the said cKy of 
New York by the trust company. But the 
taking of an appeal by any person or persons 
shall not operate to stay the proceedings 
under this act, providing such award and 
Interest have been deposked. Such appeal 
shall be heard upon the evidence taken and 
proceedings had before such commissioners. 

Ilo-iv «lefcffi* may bo reiiic*Ilo*l. 

Sec. 506. The supreme court of the judicial 
district in which the real estate is situated 
•hall have power at any time to amend any 


defect or informality in any of the special 
proceedings authorized by this act as may be 
necessary, or to cause other property to be 
Included therein, and to direct such further 
notices to be given to any party in interest as 
It deems proper, and also to appoint other 
commissiontrs in place of any who shall die 
or refuse or neglect to serve, or be incapable 
of serving, or be removed. And the said 
court may at any time remove any of said 
commissioners of appraisal w'ho, in their 
judgment, shall be incapable of serving or 
who shall, for any reason in their judgment, 
be an unfit person to serve as such commis- 
sioner. The cause of such removal shall be 
specified in the order making the same. If 
in any particular It shall at any time be 
found necessary -to amend* any pleading or 
proceeding, or to supply any defect therein, 
arising in the course of any special proceed- 
ing authorized by this act, the same may be 
amended or supplied in such manner as shall 
he directed ^by the supreme court, which is 
hereby authorized to make such amendment 
or correction. 

AgreeiiieiifN with owners of real estate 

Sec. 507. The said commissioner of water 
supply, gas and electricity, subject to the 
approval of the board of [public improve- 
ments,] estimate and a pportionmen t, may 
agree with the owners or persons inter- 
ested in any real estate laid down on said 
map.s as to the amount of compensation 
to be paid to such owners or persons in- 
terested for the taking or using and oc- 
cupying such real estate. And in case any 
such real estate shall be owned, occupied or 
enjoyed by the people of this state, or by any 
county, town or school district within this 
state, such rights, titles, interests or proper- 
ties may be paid for upon agreement respect- 
ively with the commissioners of the land of- 
fice, who shall act for the people of the state, 
with a chairman and a majority in numbers 
of the board of supervisors of any county, 
who shall act for such county, and with the 
supervisor and commissioners of highways 
in any town, who shall act for such town, 
and with the trustees of any school district, 
who shall act for such district, and with the 
president and a majority of the board of 
trustees of any incorporated village. The com- 
missioners of the land office shall have power 
to grant to the said city any real estate be- 
longing to the people of this state which may 
be required for the purposes indicated in this 
^act, on such terms as may be agreed on be- 
tween them and the said commissioners; 
and if any real estate of any county, town, or 
school district is required by said city for the 
purpose of this act, the majority of the board 
of supervisors, acting for such county, or the 
supervisors of any such town, with the com- 
missioners of highways therein, acting for 
such town, or the trustees of any school dis- 
trict, acting for such district, or the president 
and majority of trustees of any incorporated 
village, may grant or surrender such real es- 
tate for such compensation as may be agreed 
upon between such officers respectively and 
the said commissioners. 

roiiiiiPiiHatloii null expense!* of eom- 

niisNioners. 

Sec. 508. The commissioners of appraisal, 
appointed in pursuance of this act, shall re- 
ceive as compensation for their services the 
sum of $10 per day for each day upon which 
the said commissioners shall be actual- 
ly and necesrarily employed in the per- 
formance of the duties imposed upon th^m by 
this act. They may employ the necessary 
clerks and stenographer.*. The corporation 
counsel shall, either In person or by such 
counsel as he shall designate for the purpose, 


YORK. 63 


appear for and protect the interests of th« 
city in all such proceedings in court and be- 
fore the commissioners. The fees of the com- 
missioners and the salaries and compensation 
of their employes, and their necess^ary travel- 
ing expenses, and all other necessary expenses 
in and about the special proceeding.* provided 
by this act, to be had for acquiring title or 
extinguishing claims for damages to real es- 
tate, and such allowance for counsel fees, 
expenses and witness fees as may be recom- 
mended by the commissioners and ordered 
paid by order of the court, shall be paid by 
the controller of the city of New York, out 
of the funds hereinafter provided, when they 
have been taxed before a justice of the su 
preme court in the judicial district m which 
the real estate is situated, upon five days’ 
notice to the corporation counsel. 

Issue of bonds. 

Sec. 509. The controller of the city of New 
York is hereby authorized and directed to 
raise, from time to time, on bonds of said 
city, in addition to the amounts which he is 
now authorized to raise for such purposes, 
such sums of money as ^all be sufficient to 
pay for any real estate, or for the extin- 
guishment of any right, title, or interest 
therein acquired, and all damages appraised 
to persons interested therein, together with 
all expenses necessarily incurred in acquiring 
title to such real estate, or in extinguishing 
claims for damages thereto, and for ail other 
expenditures herein authorized. 

I 

Uescriptluii of bonds. 

Sec. 510. The bonds to be issued by the 
controller of the city of New York in pur- 
suance of this title shall be called “Corpo- 
£ate stock of the city of New York,” and 
shall be issued in the manner hereinbefore 
provided for the issue of corporate stock, 
subject, however, to the limitations of the 
state constitution. And the [municipal as- 
sembly] board of alde rmen of said city is 
hereby authorized and directed to raise, from 
time to time, by tax upon the estates, real 
and personal, subject to taxation in The City 
of New York, the sum or sums of money 
which may be required to pay the interest 
on said bonds and to redeem them at ma- 
turity. 

.Tnristliotion of state boartl of health. 

Sec. 511. .\ny lake or reservoir constructed 
or maintained under the provisions of this act 
shall be subject to such sanitary regulations 
as the state board of health shall prescribe. 

lliKlmayK and hridK'*>s. 

Sec. 512. The city of New York is hereby 
required to build and construct such high-, 
ways and brldge-s as may be made necessary 
by the construction of any reservoir [in the 
counties of Westchester, Putnam, Queens or 
Suffolk under this act,] and to repair and 
forever maintain such additional bridges as 
may he made necessary by the construction 
of such reservoir or reservoirs. 

Account of oxi»eii*Utnre to be filed in 

eontroller’K olliee. 

Sec. 513. The said commissioner of water 
supply, gas and^elecAiicJ^ty shall, in every 
calendar month, file in the office of the 
controller of The City of New York an ac- 
count of all liabilities Incurred by him, dur- 
ing the preceding month, and an abstract 
of each such account shall be published in 
the City Record. 

Limit witblii ■*vbieli I/RUe Mnhoiinc may 

not be drnyrn <Iosvn. 

Sec. 51-i. Nothing herein contained shall 
authorize or empower or permit any water in 
excess of the ordinary ffow thereof to b* 
drawn from Lake Mahopac, in the town of 


> 


THE CHARTER OF THE CITY OF XEAV YORK. 


<14 


Carmel, Putnam county, between the first days 
of March and September in any year. 

Present jiroceeilinRs to be oontlinied. 

Sec. 515. All proceedings pending at the time 
this act takes effect for the acquisition of 
title to or the e.\tingulshment of rights in 
real estate for any of the purposes in this 
title specified, shall be continued and prose- 
cuted to a conclusion according to the re- 
spective provisions of law under which said 
proceedings may have been begun, and as to 
all such proceedings this act shall not be 
deemed applicable. 

Id.: eoritorationis] niitlinrizrd to ii.<ie 

K'ronnd niifler streets, ete. 

Sec. 516. All persons acting under the 
authority of the city of New York shall have 
the right to use the- ground or soil under any 
street, highway or road within this stale for 
the purpose of introducing water into the city 
of New York, on condition that they shall 
cause the surface of said street, highways or 
roads to be restored to its original state, and 
all damages done thereto shall be repaired. 

Devolution of po^vers of former boards 

Sec. 617. For all the purposes of this act all 
of the rights, powers, privileges, duties and 
obligations, heretofore created by law or other- 
wise of the city of Brooklyn, or of any of its 
departments or officers respecting the water 
works of said city are, so far as they are 
consistent with the provisions of this act, 
hereby vested in the city of New York, as con- 
stituted by this act, and as matter of admin- 
istration devolved upon the commissioner of 
water supply, gas and e lectricity of the 
city of New York to be by him exercised 
in accordance with the provisions, direc- 
tions and limitations of this act, and all 
of the rights, powers, privileges, duties and 
obligations of Long Island' City, or of any 
or either of its departments or officers, or of 
any town, village or district in any of the 
territory hereby annexed to the corporation 
heretofore known as the mayor, aldermen and 
commonalty of the city of New York, and by 
this act consolidated into one city, in respect 
to any of the public water works or the public 
water system, or the public water supply 
thereof: the sale and distribution of the same, 
are hereby vested in the city of New , York, 
and for the purpeae of administration are 
hereby devolved upon the said commissioner 
[of water supply of the City of New York.] 
to be by him executed pursuant to the pro- 
visions, directions and limitations of this 
act. 

LckuI effect of net iiiiitii new aiineduot. 

Sec. 518. Nothing in this act coniameu shall 
be deemed or construed to repeal, or in any 
w-lse affect chapter four hundred and ninety 
of the laws of eighteen hundred and eighty- 
three, entitled “.\n act to provide new reser- 
voirs, dams and a new aqueduct with the ap- 
purtenances thereto for the purpose of sup- 
plying the city of New York with an in- 
creased supply of pure and wholesome water,” 
or the several acts amendatory thereof, but 
the said act and its amendments shall re- 
main in full force and effect, provided that 
the commissioners therein specified, shall not 
hereafter begin the construction of any new 
work, except such as may be properly and 
necessarily appurtenant to work, the construc- 
tion of which has been begun before the date 
upon which this act takes effect. The term 
of office of the commissioners appointed and ex- 
isting under the aforesaid act shall cease and 
determine on the completion of the work, and 
thereupon all papers, documents and record: 
in possession of the aqueduct commissioneir 
shall be delivered to the commissioner of 
water supply [.], gas and electricity. 


ConiinlHHioner [of iiiiblic bulldlntrsl to 

inspect electrie lights: to ennse test.s 

to be niade, ete. 

Sec 51!). [575.] The said commissioner 

of water supply, gas and electricity shall 
cause inspections to be made of electric 
lights furnished to the city, and of electric 
meters and electric wiring, as such tests may 
be provided for by th? proper appropriation; 
the said commissioner shall cause tests to be 
made of all meters in use in said city for 
measuring or ascertaining the quantity of 
electricity or steam furnished by any cor- 
poration or person in said city within one 
year after this act shall take effect; and 
thereaftfcr no corporation or person shall 
furnls.h or put in use any electric or steam 
meter which shall not have been inspected, 
approved and sealed by the inspectors, and 
I every such corporation or person shall pro- 
vide and keep in or upon their premises a 
suitable and proper apparatus to be approved 
and sealed by the Inspector for testing and 
proving accuracy of meters furnished for use 
by them. Whenever a meter shall be in- 
spected the inspector shall attach 'hereto 
some seal, stamp or mark, with the inspect- 
or's name, the date of his inspection, and 
whether or not the meter is accurate. 
Meters in use shall be re-inspected and test- 
ed on the written request of the consumer, 
or of the company, in the presence of the 
consumer, if desired. If any such meter 
on being so tested shall be found defective 
or inaccurate to the prejudice or injury of 
the consumer, the necessary removal, in- 
spection. correction and replacing of such 
meter shall be without expense to the consum- 
er: but in all other cases, except where the 
change is beneficial to the company, he shall 
pay the reasonable expense of such in- 
spection and the re-inspection shall be 
stamped on the meter. Provided, however, 
that nothing herein contained shall ' be con- 
strued as requiring to be sealed, electro- 
lytic or other electric meters, which in their 
construction or use are not susceptible of 
being sealed, nor the apparatus employed 
in taking the usual periodic readings there- 
from; but all such meters shall, in all other 
respects, be tested and stamped in the 
manner provided herein for other meters; 
and every corporation using such electrolytic 
or other meter shall at all times admit the 
inspectors of meters at the meter depart- 
ment and reading rooms, and permit the in- 
spection by him of all meters and of all thd 
processes, methods and operations of 
measuring electric current consumed by it. 

l.aivM re|i«Hle(i. 

Sec 520. [576.] The provisions of sections 

sixty-two, sixty-three and sixty-four of chap- 
ter forty of the general laws, knowm as the 
transportation corporations law, are hereby 
repealed in so far as they affect the inspec-4 
tion of [gas meters and] electric meters 
within The City of New York. 

Interest in nianufaetnre of Kas, etc.. 

and certain acts by officers, etc., of 

deiiartinent iiroliibltcd. 

Sec. 521. [577.] No officer, agent or em- 
ploye of the department of [public buildings, 
lighting and supplies] water supply, gas and 
electricity shall in any way, directly or 
[ indirectly, be Interested, pecuniarily, in the 
j manufacture or sale of gas, or of electricity, 
or steam, or of gas or electric or steam 
meters, or of any article or commodity used 
! by gas or electric companies, or used for any 
j purpose for the consumption of gas or of 
I electricity, or steam, or in or with a gas or 
i electric or steam company, and no such olfl- 


cer, agent or employe shall give certificates 
or written opinions to a maker or vendor of 
any such article or commodity. 

Iii.viieetloi) of Illuminating; S'as; tests. 

Sec. ^2. [578.] The illuminating gas of 
every company shall be inspected at least twice 
a year, and may be inspected as frequently 
as the commissioner may think best, but not 
oftener than once a week. The gas shall be 
tested for illuminating power by means of 
a disc photometer, or' other approved appara- 
tus, and during such test shall be b'jrned 
from a burner best adapted to it. w'hic a is at 
the same time suitable for domestic use, 
and at as near the rate of five feet per hour 
as is practicable. When the gas of any such 
company shall be found on three consecutive 
inspections to be of an illuminating power 
less than twenty sperm candles of six to a 
pound, and burning at the rate of one hun- 
dred and twenty grains of spermaceti per 
hour, tested at such place as the said commis- 
sioner shall specify by a burner consuming 
five cubic feet of gas per hour, and shall not 
comply with the reasonable and proper stan- 
dard of purity as fixed by said commissioner, 
a fine of one hundred dollars shall be paid 
by such company to the city. 

Commissioner to Hiibiiiit proiioMed or- 
(liiianoeM reiiilive to wired, etc. 

Sec. 523. [579.] The said commissioner of 
water supply^ gas and electricity shall from 
time to time submit for the consideration of 
the board of [public improvements] alder- 
Mcn such proposed ordinances in regard to 
electric wires, appliances and currents for 
furnishing light, heat or power when intro- 
duced into or placed in any building in said 
city. Such proposed ordinances shall pre- 
scribe the method of construction, operation, 
location, arrangement, insulation and use of 
such wires, appliances and currents, as said 
commissioners shall from time to time deem 
necessary for the protection of life and 
property. 

ln»I»ecfoi- «»f electric wiring': qnalitica- 

tioiiN;nlI wires to l»e inspected; rnles, 

notices, etc.; penalty for violation. 

Sec. 524. [580.] Any inspector of electric 
wiring appointed in the department shall have 
a technical and practical knowledge of the 
construction and operation of electrical lines 
and appliances. After this act takes effect, the 
commissioner shall cause to be inspected all 
such wires, currents and appliances that may 
be introduced into or placed in any building in 
said city, and the saia commissioner shall fur- 
nish a certificate of such inspection to any per- 
son or corporation applying therefor. All no- 
tices of the violation of any of the provisions 
of this section, or of any ordinances relating 
to said department, or any regulations, rules 
or orders made thereunder relating to electri- 
cal wires, currents or appliances, shall be is- 
sued and served in the manner provided in 
this act for the service of notices. The vio- 
lation of any of the provisions of this section 
or of any of the said ordinances or any rules 
or regulations thereunder shall be deemed to 
be a violation of the [provisions of the de- 
partment of buildings] building code of said 
city, and shall subject the person or corpora- 
tion committing the same to the penalties 
prescribed herein for such violations. 

KeiiiovnI of electric wires. 

Sec. 525. [581.] Whenever in the opinion of 
the board of [public improvements] estimate 
a nd a pportionment it shall be practicable 
to remove the electrical conductors above 
ground in any street, avenue, highway 
or public place of that part of the city of New 
York which lies within the boroughs of Man- 


( 


THE CHARTER OF THE CITY OF NEW 


hattan and the Bronx, after the grade of said 
street, avenue or highway shali have been 
finally determined and established, and to 
place the same underground, the commission- 
er of [public buildings, lighting and sup- 
plies] _water supply, gas and electricity 
shall notify the owners or operators of the 
electrical conductors above ground that such 
electrical conductors must be removed within 
a certain time to be fixed by said commission- 
er, which time shall be sufficient for such re- 
moval’ and in the case of a corporation duly 
authorized to lay and operate electrical con- 
ductors underground in such street, avenue, 
highway or public place, sufficient also for the 
proper laying of conductors underground in 
place of those removed. All electrical con- 
ductors authorized to be placed -underground, 
shall be placed underground under and in ac- 
cordance with the provisions of chapter seven 
hundred and sixteen of the laws of one thou- 
sand eight hundred and eighty-seven, chapter 
two hundred and thirty-one of the laws of 
one thousand eight hundred and ninety-one, 
chapter two hundred and sixty-three of the 
laws of one thousand eight hundred and nine- 
ty-two, and the laws amendatory thereof and 
supplemental thereto. Whenever application 
shall be made to said commissioner of 
[public buildings, lighting and supplies] 
water supply, gas and electricity, for permis- 
sion to place underground electrical conduc- 
tors in any street, avenue, highway, or public 
place of that part of the city of New York 
which lies within the boroughs of Manhattan 
and the Brorx, the subways therefor shall, 
if such permission be granted, be constructed 
or provided, and such electrical conductors 
placed under ground under and in accordance 
with the provisions of said laws. But such 
permission shall be granted only in accord- 
ance with the provisions of said laws. 
Inderground electrical oondnetors. 

Sec. 626. [582.] Whenever the said board 
of [public improvements] estimate an d ap- 
portionment shall deem it desirable and prac- 
ticable, after hearing all parties interested, 
that the electrical conductors in any street, 
avenue, highway or public place of The City 
of New York, lying within the boroughs of 
Brooklyn, Queens and Richmond, be placed 
underground, the said commissioner of water 
supply, gas ■ and electricity shall noti- 
fy the owners or operators of the 
electrical conductors above ground in any 
such street, avenue, highway or public place, 
that said electrical conductors shall be placed 
underground within a certain time to be fixed 
by the said commissioner, which said time 
shall be sufficient for the proper construction 
of underground conduits or other channels in 
said street, avenue, highway or public place. 
Whenever any duly authorized company op- 
erating or intending to operate electrical 
conductors in any street, avenue, highway or 
public place in that part of the city of New 
Yorl^ which lies within the boroughs of 
Brooklyn, Queens and Richmond, shall desire 
to place Us conductors or any of them un- 
derground. it shall' be obligatory upon such 
company to file with the said commissioner [of 
public buildings, lighting and supplies] a map 
or maps made to a scale, showing the streets 
or avenues or other highways or public places 
which are desired , to be used for such pur- 
pose. ana giving the general location, dimen- 
sions and course of the underground conduit 
desired to be constructed. Before any such 
conduit shall be constructed it shall be nec- 
essary to obtain the approval by said commis- 
sioner of said plan of conitructlon so pro- 
posed by such company, and said commis- 
sioner shall have power to require that the 
work of removal and of constructing every 


such system of underground conductors shall 
be done according to such plan so approved. 

I«l. procedure Tthen board of tpnblie 
tniprovenieiitH] eHtiuinte and nppor- 
tfonineiit determines upon. 

Sec. 527. [583.] Whenever the commission- 
er of [public buildings, lighting and sup- 
plies] water supply, gas and electricity in 
accordance with the resolution of the board 
of [public improvements] estimate and ap-. 
portlonment shall notify the owners or 
operators of any electrical conductors in 
the city of New York, that said conductors 
shall be removed or placed under ground wi th- 
in a certain time, the time within v/hich said 
eleotrlcal conductors shall be placed under 
ground shall be fixed 'by the said commission- 
er, giving all persons or corporations owning 
or operating such electrical conductors, an 
opportunity to be heard on the question of 
the time necessary to place said conductors 
underground, and after hearing the engineer 
of lighting and electricity, and such other 
expert opinion as the said commissioner may 
think advisable. Said owners or operators of 
electrical conductors above ground in such 
street or locality shall be required to remove 
all of said poles, wires or other electrical 
conductors and supporting fixtures or other 
devices from any such street or locality with- 
in thirty days after the expiration of the time 
so fixed by said commissioner. 

Id.: permit iieee«snry to take up pave- 
ment. etn.; eomailHsioaer of [pnblie 
bailding's. ete.T, water nupply, ete.. 
to determine metliod uf exteoMion; 
[municipal asaembly] board of tt lder- 
may enact ordinancen, rcK'ulat- 
ins' use, etc. 

Sec. 528. [584.] It shall be unlawful, after 
the passage of this act. for any person or cor- 
poration to take up the pavement of any 
of the streets and parks of said city, or to 
excavate for the purpose of laying under- 
ground any electrioa! conductors, or to con- 
struct subways, unless permission in w'ritlng 
therefor shall have been first obtained from 
the said commissioner of [public buildings, 
lighting and supplies] water supply, gas an d 
elect ric ity with the written approval of 
[indorsed by the commissioner of highways] 
the president of th e borough within which it 
is desir ed to lay suc h conduits or to con- 
struct such subways. And except with a 
like permission therefor no electrical conduct- 
ors, poles, wires or other electrical devices 
or fixtures shall be constructed, erected, 
strung, laid or maintained above or below 
the surface of any street, avenue, highway 
or other public place, in any part of said city. 
And the said commissioner [of public build- 
ing, lighting and supplies] shall determine 
whether any extension of the existing elec- 
trical conductors of any person or corpora- 
tion Ip. said city shall be by means of over- 
head or underground conduetdrs. And the 
[municipal assembly] board of aldermen may 
establish, and may from time to time enact 
ordinances regulating ail the construction, 
maintenance, use and management of the 
electrical conductors, poles and fixtures above 
ground, the conduits and subways therefor 
constructed underground, and for regulating 
the number and location of overhead lines. 

Tlie fonr preoetHiiS' seotlons lo be 
police regulations. 

Sec. 529. [585.] The provisions of the four 
preceding sections of this act are made police 
regulations in and for The City of New York, 
and In case the several owners of said poles, 
wires or other electrical conductors, fixtures 
and devices shall not cause them to be re- 
moved from such streets or localities as re- 


YORK. Go 


quired by said commissioner of water supply, 
gas and electrici ty or by the determination 
of the board of [public improvements] esti- 
mate and apportionment or shall neglect or 
refuse to comply with any of the ordinances 
as herein provided, it shall be the duty of 
the said commissioner to cause tne same to 
be removed from said streets, roads, avenues, 
lanes, parks and public places. 

Separate eontraetH for ligrhtiag; eacli 

borouf^'b; tiuty of ooniniissiouer. 

Sec. 530. [587.] The commissioner of [pub- 
lic buildings, lighting and supplies] water 
supply, gas and electricity, under and in 
conformity to the ordinance regulating 
contracts shall prepare the terms and 
specifications under which contracts shall 
be made for lighting the streets, pub- 
lic buildings and parks of said city. Sep- 
arate contracts shall be made for such light- 
ing in each of the boroughs of The City 
of New York, or in such subdivisions of the 
city as may appear to the board of [public 
improvements and the municipal assembly] 
estimate and apportionment to be tor the best 
interests of the city. The number, kind and 
location of lights to be furnished under each 
of said contracts shall be determined and 
prescribed by the said commissioner, [of 
public buildings, lighting and supplies.] Such 
bids shall be prepared and advertised for, ajid 
such contracts shall be executed in the man- 
ner prescribed for herein as to other con- 
tracts entered into by said city or the de- 
partments thereof. Contracts shall be made 
for the term of not exceeding one year, and 
shall be awarded to the lowest bidder, unless 
the board of [public improvements by a 
vote of a majority of its members, of whom 
the mayor and controller shall be two] esji- 
mate and apportionment shall determine 
that it is for the public interest that 
a bid other than the lowest should be 
accepted. Contracts made for a given bor- 
ough or district shall include all lights of a 
given kind used by said city in said borough 
or district then ordered or thereafter to be 
ordered by the said commissioner during the 
term of said contract. But no bid shall be 
entertained unless the said commissioner shall 
be satisfied that the party or parties bidding 
are possessed of sufficient plant to carry out 
the provisions of the contract. 

Mape. fo l»e fnrnefi over <o e<nii- 

niiswioner. 

Sec. 531. The commissioner of public build- 
ings, lighting and supplies, as constituted by 
chapter three hundred and ninety-seven, is 
hereby required and direc ted to turn over and 
deliver to the commissioner of water supply, 
gas and electricity, on the first day of Janu- 
ary, nineteen hundred and two, all ma ps, 
plans, models, books and papers and all- offi- 
cial records and papers of every kind in his 
possession relating to the construction and 
location of electrical conductors, conduits or 
subways, filed with or communicated to said 
commls-sioiicr. 

TITLE [6,3 3. 

DEP.VKT.ME>T OF STREET CBE.WIXG. 
Coiiinilssiuner, nitpointnient, term and 

salary. 

Sec. 633. The head of the department of 
street cleaning shull be called <116 commis- 
sioner of street cleaning. He shall be appoint- 
ed by the mayor and shall bold office as pro- 
vided in chapter four of this act. His salary 
shall be seven thousand five hundred dollars a 
jear. The main office of Hie department shall 
be located in the borough of Manhattan. 


66 


THE CHARTER OF THE CITY OF NEW YORK. 


Branch offices may be located in the boroughs 
of Brooklyn and The Bronx. 


Id.; jarisdivtioii. 

Sec. 534. The commissioner cf street clean- 
ing shall have cognizance and con^trol: 

1. Of the sweeping and cleaning of the 
streets of the [city,] boroughs of Manhattan, 
the Bronx, and Brooklyn, and of the removal, 
or other disposition as often as the public 
health and the use of the streets may require, 
of ashes, street sweepings, garbage, and 
other light refuse and rubbish, and of the 
removal of snow and ice from leading thor- 
ovghfares and from such other streets within 


said boroughs as may be found practicable. 

2. Of the framing of regulations controlling 
the use of sidewalks and gutters by abutting 
owners aud occupants for the disposition of 
sweepings, refuse, garbage or light rubbish, 
within such borou ghs, which, when so framed, 
auU «ppio»ed by the [board of public Improve- 
ments and the municipal assembly] board of 


aldermen shall be published in like manner 
as city ordinanoes, and shall be enforced by 
the police department in the same manner and 
to the same extent as such ordinances. 

Streets; wlint streets and wharves not 

Inclnded. 

Sec. 535. The term streets as used in this 
title shall not be deemed to include such mac- 
adamized streets as are within any park or 
are under control or management of the de- 
partment of perks, nor such wharves, piers 
and bulkheads or slips and pants of streets 
and places as aa-e by law committed to the 
custody and control of the department of 
docks and ferries. 

Street clennliigt department; members 

of; elerieal nnd uniformed foree.s. 

Sec. 536. The members of the department 
of street cleaning shall be divided into two 
general classes, to be designated, respectively, 
the clerical force and the uniformed force. 
The clerical force shall consist of a chief clerk, 
medical examiners, not exceeding three in 
number, and such and so many clerks and 
messengers as the commissioner of street 
cleaning shall deem necessary [but the aggre- 
gate salaries of the said clerical force shall 
not exceed in any year the amount appropri- 
ated therefor by the board of estimate and 
apportionment.] The uniformed force shall 
be appointed by the commissioner of street 
cleaning and shall consist of one general super- 
intendent. one assistant superintendent, [one 
superintendent of stables], one superintendent 
of final disposition, one assistant superinten 
dent of final disposition, district superinten 
dents, not exceeding twenty-one in number; 
time collectors, not exceeding eight in number; 
section foremen, not exceeding one hundred 
and tw’enty-flve in number; dump Inspectors, 
not exceeding forty-three In number, assistant 
dump inspectors, net exceeding forty-three 
In number [tug and scow inspectors, not ex- 
ceeding twenty-five in number] ; sweepers, not 
exceeding thirty-one hundred in number; 
dump boardmen, not exceeding forty-three in 
number; drivers, not exceeding sixteen hun- 
dred in number; stable foremen, not exceed- 
ing twenty-one in number; assistant stable 
foremen, not exceeding twenty-one in number; 
hostlers, not exceeding one [hundred and 
forty-six in number;] head hostler to each 
stable and a dditional hostlers not exceeding 
one for each ten horses; a master mechanic 
a^d such and so many mechanics and helpers 
as may he necessary [ but the aggregate sal- 
aries of such mechanics and helpers shall not 
exceed in any year the amount appropriated 
therefor by the board of estimate aud appor- 


tionment and the municipal assembly.] The 
commissioner of street cleaning shall have 
power and is hereby authorized to increase 
the said uniformed force, from time to time, 
by adding to the number of sweepers, drivers 
and hostlers, provided the board of estimate 
and apportionment and the [municipal as- 
sembly] board of aldermen shall have pre- 
viously made an appropriation for the purpose 
of permitting such increase. The annual sal- 
aries and compensations of the members of the 
uniformed force of the department of street 
cleaning [shall be fixed by the board of esti- 
mate and apportionment and] shall not exceed 
the following: Of the general superintendent, 
three thousand dollars; of the assistant super- 
intendent, two thousand five hundred dollars; j 
[of the superintendent of stables, two thou- 
sand dollars;] of the master mechanic one 
thousand eight hundred dollars; of the 
superintendent of final disposition, two 
thousand dollars; of the assistant super- 
intendent of final disposition, one thou- 
sand five hundred dollars; of the dis- 
trict superintendents, one thousand eight 
hundred dollars each; of the time collectors, 
one thousand two hundred dollars each; of the I 
section foremen, one thousand two hundred ! 
dollars each; of sweepers or drivers acting as 
assistants to the section or stable foremen, 
nine hundred dollars each; of the dump in- | 
spectors, one thousand two hundred dollars , 
each; of the assistant dump inspectors, nine * 
hundred dollars each; [of the tug and scow in- j 
spectors, one thousand two hundred dollars | 
each;] of the dump boardmen, seven hundred i 
and twenty dollars each; of the sweepers, sev- I 
en hundred and twenty dollars each; of the I 
drivers, seven hundred and twenty dollars 
each; of the stable foremen, one thousand 
three hundred dollars each; of the assistant 
stable foremen, one thousand dollars each; of . 
the hostlers, seven hundred and twenty dollars : 
each. Hostlers may receive extra pay for Sun- | 
days if an appropriation therefor is made by ' 
the board of estimate and apportionment. The 
members of the department of street cleaning ; 
shall be employed at all such times and during ! 
such hours and upon such duties as the com- j 
mlssioner of street cleaning shall direct for ! 
the purpose of an effective performance of the j 
work devolving upon the said department. In 
case of a snow fall or other emergency, the 
commissioner of street cleaning or the deputy 
commissioner may hire and employ tempora- 
rily such and so many mSn, carts and horses 
as shall be rendered necessary by such emer- 
gency, forthwith reporting such action with 
the full particulars thereof to the mayor, but 
no man, cart or horse, shall be so hired or 
employed for a longer period than three days, 
except that any person registered or eligible 
to appointment as a driver, or as a sweeper 
may be temporarily employed at any time as 
an extra driver or sweeper to fill the place of 
a driver or sweeper who is suspended or tem- 
porarily absent from duty from any cause. 
The rate of compensation of such extra drivers 
or sweepers shall be two dollars per day, and 
the driver or sweeper whose place is so filled 
shall not receive any compensation for the 
time during which he is so absent from duty 
or his place is so filled, unless such injury or 
illness was caused by service in [con- 
tracted in the service of] the depart- 
ment. The services of any person em- 
ployed, aud of carts and horses hired pursu- 
ant to this section, shall be paid for in full 
and directly by the department of street clean- 
ing, at such times as may be prescribed by 
such department; and they, and each of them, 

I shall be employed and hired directly by the 
department of street cleaning and not through 
‘ contractors or other persons, unless the com- 


missioner himself shall determine that this 
requirement must for proper action in a partic- 
ular instance be dispensed with. Nothing 
herein contained shall affect any existing con- 
tracts made with or by the department of 
street cleaning in regard to the cleaning of 
Broadway below Fourteenth street in said city 
or the renewal thereof, if deemed best by the 
commissioner of said department. Neit her 
the commissioner of stre et c le anin g, n or any 
deputy commissioner of stree t cle aning, nor 
any mem ber of the uniformed force of the 
street cleaning dep artment, shall be permit- 
ted to contribute any moneys, directly or in- 
directly, to any politi cal fu n d or to Join or 
be or become a me mber of any political club 
or association or any club or association In- 


tended to affect legisl ation for or on behalf 
of the street cleaning dei«r_tmetR or any 
member thereof or contribute any funds for 
such purpose. 

I<1.; removal of iiiembera of clerical 

and nnlformcd forces. 

Sec. 537. No member of the clerical force 
of the department of street cleaning shall be 
removed until he has been informed of the 
cause of the proposed removal and has been 
allowed an opportunitv of making an ex- 
planation and in every case of removal the 
true grounds thereof shall be entered upon 
the records of the department. The commis- 
sioner of street cleaning shall have power, 
in his discretion, on evidence satisfactory to 
him that a member of the uniformed force 
has been guilty of any legal or ciiminal 
offense or neglect of duty, violation of rules, 
or neglect or disobedience of orders, or inca- 
pacity, or absence without leave, or conduct 
injurious to the public peace or welfare, or 
immoral conduct, or any breach of discipline, 
to punish the offending party by forfeiting 
or withholding pay for a specified time, sus- 
pension without pay during such suspension 
for a period not exceeding thirty days, or 
by dismissal from the force, but no more 
than thirty days’ pay or salary shall be 
forfeited or deducted for any offense. The ' 
said commissioner is also authorized and em- 
powered, in his discretion, to deduct and 
withhold pay, salary or compensation from 
any member or members of the force for and 
on account of absence for any cause without 
leave. .\11 fines imposed and pay deducted 
or v;lthheld under the provisions of this sec- 
tion, shall be retained by the controller to 
the credit of the apportionment for the de- 
partment of street cleaning, and shall be ap- 
plicable. in the discretion of the commis- 
sioner of street cleaning, to any of the pur- 
poses of said department, as if originally ap- 
propriated therefor. Absence without leave 
of any member of the uniformed force for 
five consecutive days shall be deemed and 
held to be a resignation, and the member so 
absent shall at the expiration of said period 
cease to be a member of said force and may 
be dismissed therefrom without notice. No 
leave of absence exceeding twenty days in 
any one year shall be granted or allowed to 
any member of the- uniformed force, except 
upon condition that such member shall waive 
or release not less than one-half of all 
salary, pay or compensation and claim there- 
to or any part thereof during such absence. 
The said commissioner of street cleaning is 
hereby authorized and empowered, from time 
to time, to make, adopt, enforce rules, or- 
ders and regulations conformable to the pro- 
visions of this act for the government, admin- 
istration, discipline and disposition of the 
said department and of the members thereof, 
and to prescribe and define the duties of each 
member. When and as soon as a member of 


THE CHARTER OF THE CITY OF NEW YORK, 


67 


the uniformed force has been flned, suspen- 
ded, or dismissed the true cause for such fine, 
suspension or dismissal shall he entered in 
writing in a book to be kept for that purpose 
by the commissioner of street cleaning, which 
book shall be a public record. A copy of 
the rules and regulations or of any or either 
of them of the said commissioner adopted 
by him may, when certified by him or by his 
deputy be given in evidence upon any trial, 
investigation, hearing or proceeding in any 
court or before any tribunal, commissioner 
or commissioners, board or competent body, 
with the same force and effect as the 
original. 

Members of department not liable to 

military or inry dnty. 

Sec. 53S. No person holding any office or 
position under the department of street clean- 
ing shall be liable to military or jury duty. 

Division of streets Into districts; al- 
lotment of sTvceiiers. 

Sec. 539. All the paved avenues, streets, 
lanes, alleys and places in said city which 
the department of street cleaning is by this 
act charged with the duty of cleaning, shall 
be cleaned and kept clean by hand labor, and 
for that purpose each sweeper shall provide 
himself with such tcols and implements as 
the commissioner of street cleaning shall 
prescribe, and to each sweeper shall be al- 
lotted a fixed area of street surface according 
to the character of the locality, of which al- 
lotment a record shall be kept in the depart- 
ment of street cleaning, and shall be a public 
lecord, but nothing in this section contained 
shall be deemed to prevent the commissioner 
of street cleaning from causing the labor of 
the sweepers to be supplemented by the use 
of sweeping machines in such streets and 
avenues as to him may seem proper. It shall 
be the duty of the commissioner of street 
cleaning to divide the city into a suitable 
number or districts, not exceeding 21, each 
of which shall be under the charge and super- 
vision of a district superintendent who shall 
be directly responsible to the general super- 
intendent. and also to the commissioner of 
street cleaning for the cleanliness of his dis- 
trict. Each of said districts shall be by said 
commissioners subdivided into sections in 
charge of foremen responsible to the district 
superintendent, as well as to the general su- 
perintendent and to the commissioner of street 
cleaning for the cleanliness of his section. It 
shall be the duty of said commissioner of 
street cleaning to make such allotment and 
designation of the area to be covered and the 
duties to be performed by the uniformed 
force, that each member thereof, except the 
general superintendent and his assistant 
shall have one particu:ar district or. section 
in which to perform all the work to which 
he is allotted. But nothing herein contained 
shall be so construed as to prevent the cem- 
mlssicner of street cleaning from transfer- 
ring, at his discretion, members of the uni- 
formed force, from one district or section to 
another, nor from temporarily employing all 
or any number of said unifonned force ip a 
particular street or streets, section or sec- 
tions. 

Depart luciit of doelis; to keep ivliarves, 

etc., eicnn. 

Sec. 540. The department of docks shall 
have power and authority, and it is hereby 
made its duty to cause the wharvee, piers, 
bulkheads, heads of slips end portions of any 
streets and places by law committed to the 
cu-'tody and control of said department of 
docks, to be thoroughly cleaned and kept 
clean at all times, and to remove from said 
wharves, piers, bulkheads, heads of slips and 


portions of streets and to dispose of all sweep- 
ings, ashes and garbage. And for the purpose 
of disposing of the sweepings and other refuse 
removed by said department of docks the said 
department of decks shall have the right and 
is hereby authorized to use concurrently with 
the said department of street cleaning such 
dumping boards, slips and piers as may be 
assigned to and set apart for the use of said 
department of street cleaning, and all con- 
tracts made by the commissioner of street 
cleaning under this act for the removal of 
ashes and garbage and sweepings shall pro- 
vide for the removal of such ashes, garbage 
and sweepings as may be required to be re- 
moved by said department of docks. 

C'omiiils.sioner of Street Cleaning'; 
power to obtain plant, .supplies, etc. 

Sec. 541. The said commissioner of street 
cleaning shall have the power, and it shali 
be his duty, to purchase or hire from time 
to time for his use as such commissioner, at 
current prices, such and so many horses, 
carts, steam tugs, scows, boats, vessels, ma- 
chines, tools and other property as may be 
required for the economical and effectual per- 
formance of his aforesaid duty or to contract 
for the construction of any such tugs, scows, 
boats, vessels, carts, machines, tools or other 
property: or for the sweeping of streets and 
the removal of street sweepings by machine 
and also to contract for the cremation, utili- 
zation or burning of street sweepings, refuse 
and garbage; or for the melting or removal 
of snow upon or from any streets or avenues 
or parts thereof. The title to property so 
purchased or constructed shall be in the city 
of New York. All such hiring, or purchases, 
or contracts, however, exceeding one thou- 
sand dollars in amount at any one hiring or 
purchase, shall be let by contract to the low- 
est bidder therefor, founded on sealed bids 
or proposals made in compliance with public 
notice advertised in the City Record; such 
notice to be published at least ten days prior 
to the opening of such proposals or bids. 
Provided, that nothing herein contained shall 
prevent said commissioner, whenever it shall 
be necessary, to hire such boats, steam tugs, 
scows, vessels, machines, or tools [or other 
property] for a day or trip, and for successive 
days or trips, without advertising of contract 
founded on sealed proposals or bids, at com- 
pensation by the day or trip, notwithstanding 
the aggregate compensation for such succes- 
sive days or trips may exceed said sum of one 
thousand dollars. The said commissioner 
is hereby authorized, whenever and as often 
as, in his opinion, the public interests shall 
require, to reject all bids or proposals re- 
ceived in answer to any such advertisement, 
and to readvertise for bids and proposals as 
hereinafter provided. Whenever the said 
commissioner shall deem it necessary, he shall 
and is hereby authorized to sell, at public 
auction, any plant, material, horses, carts, 
scows or other property, used in any way in 
connection with the work of cleaning streets; 
but before any such sale shaiT be made a no- 
tice thereof stating the time and place of sale 
shall be published in the City Record and cor- 
poration newspapers for at least ten days 
immediately preceding such sale, and the 
proceeds arising from such sale, after deduct- 
ing the necessary expenses thereof, shall be 
paid into the city treasury to the credit of 
the general fund for the reduction of taxa- 
tion. The said commissioner is hereby au- 
thorized, with the consent and approval of the | 
board of sinking fund commissioners, to hire | 
or lease for periods not exceeding ten years | 
suitable and sufficient offices for the trans- | 
action of the business under his charge, and 
also such stables and other buildings or parts I 


of buildings or plots of ground as may, from 
time to time, be necessary. All carts used by 
said department of street cleaning shall be 
of sqch size, form and construction as to pre- 
vent escape during transit of dust, or of any 
refuse carried therein. 

Piers. (loeUs, slips, etc., for use of de- 
pnrtment* 

Sec. 542. The department, bureau or city of- 
ficer, • authority or authorities, which shall 
from time to time have the management and 
control of the public docks, piers and slips 
of the city, shall designate and set apart for 
the use of said commissioner and for the 
borough presidents of t he boroughs o f 
Queens a,nd Richmond suitable and suf- 
ficient slips, piers and berths in slips, located 
as the said commissioner or borough pr esi- 
dents may require, and such as shall be 
convenient and necessary for his or their 
use in executing the duty hereby imposed 
upon [him,] them, or either _of them, ex- 
cepting slips, docks and piers on the Bast 
river set apart for the use of canal boats. 
The said commissioner or _borough presi- 
dent may, with the approval, in w'riting, of 
th^board of estimate and apportionment, 
lease piers, slips or wharves for the neces- 
sary purposes of the duties by this [chap- 
ter] act conferred, upon them or e ither of 
them whenever suitable piers, slips or 
wharves owned by or under the control of 
the city cannot be obtained or are not set 
apart and designated as in this section pro- 
vided. 

Iniform, bartftes, etc., of iiniformeil 
force. ' 

Sec. 543. The commissioner of street clean- 
ing Is hereby authorized and directed, from 
time to time, to prescribe distinctive uni- 
forms, badges and insignia to be worn and 
displayed by the several members of the 
uniformed force of said department and to 
prescribe and enforce penalties for the failure 
to wear and exhibit the same by any member 
of said force while engaged in the work of the 
department. 

Special coiitract.s for «lisi»osUIon of 
swecpiiis's, aslics, garbaKC, etc. 

Sec. 544. Said commissioner shall have pow- 
er CO encer mco contracts with rasponsible 
persons ana parties for the final disposition, 
for periods not exceeding five years, of all 
or any part of Che said street sweepings, 
ashes, or garbage, and such other light refuse 
or rub'biish when collected; provided alway# 
that such contract shall be approved both as 
to terms and condition-s by the board O'f esti- 
mate and apportionment. All contracts shall 
be entered into on behalf oif the city by the 
commissioner with adequate security. He 
shall advertise for proposals In such newspa- 
pers in the city as he may designate, not ex- 
ceeding three in number, for ten days, to 
perform the work in such form and manner 
and on such terms and conditions as he may 
prescribe. Such propcsals may be for the 
performance of all or such part or portion of 
the work as he Shall require. Each proposal 
must be accompanied by a certified check on 
a solvent banking corporation in the city, 
payable to the order of the controller for 5 per 
centum of the amount for which the work bid 
for is proposed in any one year to be per- 
formed. From the proposals so received he 
may select the bid or bids, the acceptance of 
v.'hich will, in his judgment, best secure the 
efficient performance of the work, or he may 
reject any or all of said bids. On the ac- 
ceptance of any hid by him, the checks of the 
unaccepted bidders shall be returned to them, 
and upon the execution of the contract the 
check of the accepted bidder shall b9 


THE CHARTER OF THE CITY OF NEW 


to him. The surety or sureties upon all con- 
tracts hereby authorized shall be approved by 
the controller, and all contracts and bonds se- 
curing the same shall be approved as to form 
by the counsel to the corporation. 

I*rocoedlii4» f«>r €>f trui*kN» 

from streets, rei^ulntcil. 

Sec. 545. It shall be the duty of the com- 
misefoner of street cieaning to remove, or 
cause to be removed, ail unharnefi'sed trucks, 
carts, wagons and vehicles of any description, 
found in any public street or place; 
and also all boxes, barrels, bales of 
merchandise and other movable property 
found upon any public street, or place, not 
Including, however, any portion of marginal 
• treet, or place, ct wharf, which, by ;he pro- 
vieion of any law or statute, is committed ta 
the custody and control of the department 
of docks. The said commissioner of 
street cleaning is hereby authorized, with the 
consent and approval of the board of sinking 
fund commissioners, to lease a suitable yard 
or yards to which the trucks, carts, wagons 
and vehicles, boxes, bales, barrels and other 
things, removed under the authority of this 
section, shall be taken, and the said commis- 
sioner shall, from to time, as often as 
he shall deem necessary* sell, or cause to be 
sold, as hereinafter provided at public auc- 
tion, at such yard or yards, the said trucks, 
carts, wagons, vehicles, boxes, barrels, and 
other things so removed. Whenever the said 
commissioner or deputy commissioner shall 
have removed or caused to be removed any 
such trucks, carts, wagons, vehicles, boxes, 
barrels, bales or other things, and shall deem 
U necessary to sell them, and before making 
the sale thereof, he shall file with a justice 
of a municipal court of the city of New York, 
a written petition, verified by oath, setting 
forth the facts which bring the case witnm 
this section, together with a brief description 
of each of the trucks, carts, wagons, veni- 
oles, boxes, barrels or other things so xc- 
moved in his custody and possession as street 
cleaning commissioner at the time of ftliug 
such petition, stating either the name of the 
owner or that his name is not known to the 
said petitioners, and cannot be ascertained 
with reasonable diligence, and praying for a 
final order, directing the sale of the property 
so seized and removed, and the application 
of the proceeds thereof as herein prescribed; 
tnd upon the presentation of said petition 
the justice must issue a precept under his 
hand, diiected to the persons whose names 
appear in tho said petition as owners, if 
stated in the petition, or if not slated, 
directed generally to ail persons having any 
interest in the property so seized and re- 
moved, and briefly reciting in substance the 
other facts stated in the petition, and re- 
quiring the person or persons to whom the 
precept is directed to show cause before a 
justice at a time and place specified therein, 
not less than ten nor more than twenty days 
after the issuing of the precept, why the 
prayer of the petition should not be granted. 
The said precept shall be served by posting a 
copy thereof in at least two public and con- 
spicuous places in said city, one of which 
shall be the office of the said commissioner of 
street cleaning, and the second of which shall 
be the yard to which the property shall have 
been removed, and a copy of which precept 
shall be so posted within three days after the 
precept shall have been i.ssued: and a orief 
abstract of said precept shall be published in 
the City Recoro. and corporation newspapers 
within five days after the issue, and not later 
than three days before the return day men- 
tioned in the precept. At the time and place 
when the precept is returnable the said oom- 
Diissioner or deputy commissioner must fur- 


nish proof of the service of said precept 
as herein prescribed, and any person named in 
the petition and precept or otherwise, hav- 
ing an interest in the property seized, may 
appear on the return day of the said precept 
and make himself a party to the proceeding 
by filing a written answer, subscribed by him 
or his attorney, and verified by the oath of 
the person subscribing it, denying absolutely, 
or upon information and belief, one or more 
material allegations in the petition, and set- 
ting forth his interest in the property seized. 
The subsequent proceedings before the, justice 
shall be the same as in an action in the mu- 
nicipal court where an issue of fact has been 
joined, and if the decision of the justice is 
in favor of the petitioner, the justice must 
make a final order, the same as though no 
appearance or trial were had. except to recite 
tne appearance and trial befcie him. If no 
person appears and answ'ers the justice shall 
make a final order, directed to the commis- 
sioner of street cleaning, commanding him to 
sell, at public auction, all of the property 
seized and described in the petition, at the 
yard to which said property ^vas removed, 
for the best price which he can obtain there- 
for. Before making any such sale the said 
commissioner or deputy commissioner shall 
give public notice in the City Record, and 
corporation papers, as by this act pre- 
scribed, not later than three days before 
the day of such sale, and such notice of sale 
shall specify the time and place of such sale, 
and shall contain a general description of the 
property to be sold, but no particular de- 
scription of any article shall be contained 
therein. The sale shall be made at the time and 
place specified in said notice cf sale by the 
commissioner or deputy commissioner, or by 
an auctioneer designated for such sale by 
said commissioner. Immediately after such 
sale the commissioner of street cleaning shall 
pay to the controller the proceeds of such 
condemnation and sale, and shall, at the same 
time, transmit to the controller an itemized 
statement of the articles sold. WMtU the price 
received for each article and a certificate of 
the costs and expenses incurred by the said 
commissioner in making such condemnation 
ana sales. The controller shall credit and add 
to the appropriation for the department of 
street cleaning from the proceeds of such 
sale the amount of said costs and expenses 
of such condemnation and sales, as herein- 
before provided, and, in addition thereto, such 
an amount for each incumbrance seized or 
taken, condemned and sold as hereinbefore 
provided, not to exceed ten dollars, as may be 
estimated and fixed by the commissioner of 
street cleaning as necessary to pay the cDst 
of seizing, removing and keeping or storing 
such incumbrances; and the remainder of the 
moneys realized from such sale shall be paid, 
without interest, to the lawTuI owners of the 
several articles sold. Any payment to a per- 
son apparently entitled thereto, under the 
provisions of this section, shall be a good de- 
fense to the city against any other person 
claiming to be entitled to such payment, but 
is not in fact entitled thereto, it shall be law- 
ful for the person or persons to whom the 
same ought to have been paid to recover the 
same with interest and costs of suit as so 
much money had and received to his. her or 
their use by the person or persons to whom 
the same shall have been paid. The owner 
of any truck, cart, wag:u, vehicle, box, bar- 
rel. bale or other thing removed from any 
public street or place under the provisions 
of this section, may redeem his property at 
any time after its removal upon payment to 
the commissioner of street cleaning of such 
sum as he may fix, not to exceed ten dollars 
for each article redeemed. The sum thus 
paid shall be immediately transmitted to the 


yoRic. 



controller, and by him added and credited 
to the appropriation for the department of 
street cleaning, under the provisions of this 
act, and may be used by the commissioner 
for any of the purposes of said department, 
as if originally included in the appropriation 
thereof, by the board of estimate and appor- 
tionment. Nothing in this section contained 
shall be deemed to authorize the summary 
removal of materials for any public work or 
improvement in course of construction. 

Liiiiiitutioii of amount of expense for 

.street elennin^*; bonds to be Issued 

by controller for purchnsc of plant. 

Sec. 546. In no case, except as in this 
section provided, shall the amount expended 
by the commissioner of street cleaning or 
the presidents of the boroughs of Queens 
and Richmond exceed the amount appropri- 
ated for the said department or boroughs by 
the board of estimate and apportionment and 
the [municipal assembly,] board of aider- 
men. but, for the more effectual carrying 
out of the provisions of this act, the said 

commissioner of street cleaning and saM 

borough presidents may, with the approval of 
the [board of public imnrovements and of 
the] board of estimate and apportionment, 
purchase or construct stock or plant, in- 
cluding houses, dumping boards or places or 
buildings or structures necessary for any 
purpose pertaining to the business of [the 
department,] street cleaning of durable 
character intended to be used for a term of 
years, to be paid for by the issue and sale 
of bonds, [and the controller shall issue 
such bonds as may be necessary for such 
purpose. Such bonds shall be of such amount 
and to run for such term as may be deter- 
mined by said controller, by and with the 
authority of the municipal assembly, not 
less than ten nor more than fifty years, and 
shall bear interest not exceeding four per 
centum per annum and shall not be sold at less 
than the par value thereof] . If the necessary 
cost of removing snow or ice from the streets 
and avenues shall, in any one - year, . exceed 
the amount appropriated therefor, the board 
of estimate and apportionment may authorize 
such additional expenditure as may be re- 
quired for the removal of such snow or ice 
to be paid out of any unexpended balance of 
the appropriation made for the purposes of 
said department; and the controller shall raise 
amount of such additional expenditure by 
the issue and sale of revenue bonds, and shall 
place the amount so raised to the credit of the 
department of street cleaning, or of said 
bo rough presiden ts, as the same may ha ve 
been apportio ned by th e board of estimate 
and apportionment to supply the amount 
of the deficiency occasioned by such addi- 
tional expenditure. 

Dcvoliiiiou of powers of former boards 

Sec. 547. All the powers and duties con- 
ferred upon the corporation heretofore known 
as the mayor, aldermen and commonalty of 
the city of New York, or upon any board or 
officer thereof, or upon the corporation known 
as the City of Brooklyn, or upon any board or 
officer thereof, or upon the coi*poration known 
as Long Island City, or upon any board or 
officer thereof, and upon any other municipal 
corporation, town or village, within the county 
of Richmond or within so much of the terri- 
tory of the county of Queens as is by this act 
annexed to the municipal corporation known 
as the mayor, aldermen and commonalty of 
the city of New York, and consolidated into 
the municipality known as the city of New 
York, relating in any way to the sweeping and 
cleaning of the streets, avenues, highways, 
boulevards, squares, lanes, alleys and other 


'rilfi CHAUTfiR 6l‘^ Tfffi' CItV OF AOIlIv. 


public places of the city, and of the removal. 
6f other disposition as often as the public 
health and the use of the streets may require, 
of ashes, street sweepings, garbage and other 
light refuse and rubbish, and of the removal 
of snow and ice from leading thorough- 
fares and from such other streets as may be 
found practicable; of the removal of encum- 
brances; of the issue of permits to builders 
and others to use the streets, avenues, high- 
ways, boulevards, squares and public places, 
but not to open them ; of the framing of regu- 
lations controlling the use of sidewalks and 
gutters by abutting owners and occupants for 
the disposition of sweepings, refuse, garbage 
or light rubbish, are hereby vested in the city 
of New York, and as matters of administra- 
tion devolved upon the commissioner of street 
cleaning of said city, as to the boroughs of 
M anhatta n, the Bronx and Brooklyn, and 
upon the presidents of Queens and Richmond 
as t o tho se boroughs., to be by [him] them 
executed pursuant to the powers, provisions 
and limitations of this act. 

TITLE C 9. I 4. 

I 

DEPAHTMEYT OF BRIDGES. 

CoiiiniisNioner, iiieiit, [term] 

nntl aalnry. 

See. 594. The head of the department of 
bridges shall be caKed the commissioner 
of bridges. He shall be appointed by the 
mayor and hold office as provided in chapter 
IV of this act. His salary shall be seven 
thousand five hundred dollars a year. 

Id.; Jnrlsdictiun. 

Sec. 695. The commissioner of bridges shall 
have cognizance and control — 

(1) Of the management and maintenance of 
the New York and Brooklyn bridge. 

(2) Of the operation of the railroad on the 
New York and Brooklyn bridge. 

(3) Of the collection of fares and of toll.s 
on the New York and Brooklyn bridge. 

(4) Of the construction, repair, mainte- 
nance and management of all other bridges 
that may at any time hereafter be constructed 
in whole or in part at the expense of the city 
of New York, or that may be acquired by said 
city, which ext end across t he waters of a 
navigable str e am , or have a terminus in 
two or more boroughs. 

(5) Of the construction, repair, [and] 
maintenance and management of all other 
bridges that are or may be in whole or in 
part a public charge, not included in pub- 
lic parks, or within the control of a presi- 
dent of a lmrougji. within the territory of 
the city of New York, [except the. East 
river bridge authorized by chapter seven 
hundred and eighty-nine of the laws of eigh- 
teen hundred and ninety-five.] The board 
of commissioners established by chapter seven 
hundred and eighty-nine of the laws of 
eighteen hundred and ninety-five is hereby 
abolished, and all its powers and duties are 
hereby devolved upon the commissioner of 
bridges of the city of New York. The en- 
gineering and clerical force of said board 
is hereby transferred to the de partment of 
bridges of the city of New York; provided, 
however, that nothing herein con tained shall 
prevent the commissioner of bridges from 
abolishing unneces sary offices or positions or 
shall in any way limit his powers of removal 
as determined by this act. 

(6) Of the construction, repair, mainte- 
nance an d management of all tunnels that 
hereafter may be constructe d in whole or in 
part at the expense of the city of New York 


or that may be acquired by said city which 


extend 

across the waters of 

a navigable 

stream 

or have a terminus in 

two or more 

boroughs: .orovided, however. 

that nothing 

in this 

section contained saall 

in any way 

limit or 

affect the powers now 

possessed by 


the boar d of rapid tran sit railroad commis- 
sioners. 


Itl.; to inuke daily report to controller. 

Sec. 596. The said commissioner shall keep 
accurate accountsofall moneys received or col- 
lected byhls department for fares, tolls andany 
other purpose, in such form as the controller 
of the city or the ordinances of the [munici- 
pal assembly] board of aldermen shall re- 
quire, and he shall pay over the same daily 
to the chamberlain and make a daily report 
of the same to the controller. 


PcrnotiH not aA'cctcd l>y pasMaKe of this 

act; exception)*. 

Sec. 597. The engineers, officers and subor- 
dinates, with the e.xception of the attorneys and 
counsel of the New York and Brooklyn bridge 
in office or employment at the time of the pas- 
■sage of this act and heretofore appointed by 
the trustees of the New York and Brooklyn 
bridge shall not be affected by the passage of 
this act so far as their positions are 
concerned, but shall continue to hold such 
places and positions under the commissioner 
of bridges, subject to the provisions of this 


The \cvv York niid Brooklyn liriilix'c. a 

Itiiltlic liig;Im'ay. 

Sec. 598. The New York and Brooklyn j 
bridge is hereby declared to be a public high- 
way for the purpose of rendering travel be- 
tween the boroughs of Manhattan and Brook- 
lyn certain and safe at all times, subject to i 
such tolls and prudential and police regula- I 
tions as the [municipal assembly] board of j 
aldermen shall adopt and prescribe; jiro- 1 


vided, however, that the passageway of the 
bridge now set apart for foot passengers 
shall remain free and open to all pedestrians 
coming or going at all times. 


i 


C«»ncurrciit jurisdiction in horonn'hs of 1 
Xc«- York and Brooklyn over criinc.s, | 
cic., coininittcd on tlie said l>riiig'c. 

Sec. 599. Concurrent jurisdiction shall be 
possessed by all courts located in the borough 
of Manhattan, and by all courts located in 
the borough of Brooklyn, and by the judicial 
and administrative offices of the city of New 
York, over all crimes and offenses, committed 
upon said bridge and upon any other bridge 
that may hereafter be erected between the 
two boroughs. It shail be the duty of the 
said commissioner of bridges and he hereby 
is authorized to execute the ordinances of the 
[municipal assembly] board of aldermen, i 
relative to said bridges and to have in im- ! 
mediate charge, the control and disposition I 
of such members of the police force of the i 
city of New York, as may be assigned for 
duty in his department. I 

Cerlnln nets *lcclareil In lie inlMdc- ! 
iiieHnor)i; pciinlfie.s for. | 

* 

Sec. 600. Any person willfully doing any , 
injury to any of said bridges or any of their j 
appurtenandes, shall forfeit and pay to tlie i 
said city of New York three times the amount 
of such injury, and shall be deemed guilty of 
a misdemeanor and be subject to a penalty 
not exceeding five hundred dollars, and to im- 
prisonment not exceeding six months, in the 
discretion of the court. 

Devolution of i»o*ver «>f former Itonrila, 
etc. 

Sec. 601. Upon the appointment of the com- 
missioner of bridges the respective of- 




flees of the ti-ustees of the New York 
and Brooklyn bridge shall be and they 
hereby are declared abolished and all the 
powers and duties vested in and devolved 
upon said trustees of the New York and 
Brooklyn bridge by any law or statute shall, 
so far as they are consistent with and con- 
formable to the provisions of this act, be 
devolved upon the commissicner of bridges 
of the city of New ork and upon the [mu- 
nicipal assembly] board of aldermen, and 
they shall In all respects exercise such duties 
and perform such powers, subject, however, 
to the provisions, directions and limitations 
of this act. 


CHAPTER C XI. ] XII. 

DEP.\RTME\T OF PARKS. 

Title 1. The parks of the city. 

2. The art commission. 

TITLE 1. 

THE PARKS. 

Ailniinisirnlive jii ri»«lict iuii : l>«tard| 

Id-eKideut ; Mniarie)* [lirnneli olHceaJ. 

Sec. 607. The head of the department of 
parks shall be called the park board. Said 
board shall consist of three members, who 
shall be knov/n as commissioners of parks of 
the city of New York. They shall be ai)point- 
ed by the mayor and shall hold their respect- 
ive offices as provided in chapter IV of r--'» 
act. One of said commi-ssirners shall be tho 
president « iAo ftoara, and shall be so desig- 
nated by the mayor. In appointing such com- 
missioners the mayor shall specify tne bor- 
ough or boroughs in which they are respective- 
ly to have administrative jurisdiction, to wit: 
one in the borouglii of Manhattan and Rich- 
mond; one in the borough of the Bronx, and 
one in the boroughs of Brooklyn and Queens. 
The principal office of the department of 
parks shall be in the borough of Manhattan. 
There shall be a branch office in the boroughs 
of Brooklyn and the Bronx, [and a branch 
office may be established in the boroagh of 
Queens, or the borough of Richmond, in the 
discretion of the board. At an.v time when 
requested so to do by said board, the mayor 
may make a new specification of the borough 
or boroughs in which said commissioners are 
respectively to have administrative jurisdic- 
tion.] The salary of each of said commis- 
sioners shail be five thousand dollars a year. 

Title to |iark.<*, KqiiareM and iiulills 

place)*. 

Sec. 608. The title to each and all of the 
parks, parkways, squares and public places 
comprised within and belonging to the cor- 
poration heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York, or the corporation heretofore known 
as the city of Brooklyn, or the corporation 
heretofore known as Long Island City, or the 
county of Kings, or the county of Richmond, 
or which are owned by the county of Queens, 
and are comprised within that portion of said 
county which is included in the city of New 
York, as constituted by this act, or belong- 
ing to any of the subdivisions of said coun- 
ties, is hereby vested in the city of New York, 
as hereby constituted. 

Gifis «>f roll! niid pcrnonnl property. 

Sec. 609. Real and personal property may be 
granted, devised, bequeathed or conveyed to 
the city of New York, as constituted by this 
act, for the purposes of the Improvement or 
ornamentation of the parks, squares or public 
places in said city, or for the establishoufti 


70 


THE CHARTER OF THE CITY OF NEW YORK. 


or maintenaace, wittiln the limits of any such 
park, square or public place, of museums, 
zoological, botanical or other gardens, col- 
lections of natural history, observatories or 
works of art, upon such trusts and condi- 
tions as may be prescribed by the grantors 
or donors thereof, and be accepted by the 
department; and all property so devised, 
granted, bequeathed or conveyed, and the 
rents, issues, profits and income and in- 
crease thereof shall be subject to the manage- 
ment, direction and control of the commis- 
sioner for the borough or boroughs in which 
the saifie is situated or to which it apper- 
tains, and except such surplus animals and 
duplicate specimens as the park board may 
deem it judicious to dispose of by sale or 
otherwise, the same shall be forever prop- 
erly protected, preserved and arranged for 
public use and enjoyment, subject to such 
rules and regulations as the park board may 
prescribe; provided, however, that whenever 
the park boar d shall determine to discontinue 
the maintenance of the zoological collectiM 
in Central Park it shaTl be lawful for said 

board, with the approval of the mayo r and 

the board of es timate and apportionment to 
transfer such collection to the New York 
Zoolog ical Society. The said ^ard shall 
hereafter, w^ith its annual report, make a 
statement of the condition of all the gifts, 
devices and bequests of the previous year, 
and of the names of the persons making the 
same. 

Geueral ii€>wer« of the Itoard; oimII- 

iiaiiees. 

Sec. 610. [The park board shall by a vote 
of a majority of its members] The board of 
aldermen s hall by ge neral ordinances from 
time to time establish all needful rules a nd 
regulations fo r the government and protec- 
tion of the public parks and of all the prop- 
erty placed in charge of the park board and 
under its control by the provisions of this 
chapter, and the same shall at all times be 
subject to all such ordinances as to the use 
and occupation thereof and in respect to any 
erections or e ncumbrances th ereon. The park 
board shall have power to establish and en- 
force general rules and regulations for the 
administration of the department, and, sub- 
ject to the ordinances of the board of aider- 
men, to establish and enforce rules and 
regulations for the government and protec- 
tion of the public parks and of alt property 
In charg e of said board or under its control, 
which rules and regulations so far as prac- 
ticable shall be in uniform in all the bor- 
oughs. -‘Vll_ ordinances, rules and regula- 
tions of the park board which on the fir.st 
day of January, nineteen hundred and two, 
shall be in force in The City of New York, 
are hereby continued in full force a nd effect 
until modified or repealed by the establish- 
ment of new ordinances, rules or regulations 
as herein provided. [Said board shall have 
power to appoint a secretary and, within the 
limit of its appropriation, to appoint such 
subordinate officers as may be necessary for 
the proper conduct of the office of the depart- 
ment. The board shall also have power by 
a vote of a majority of its members to enact 
ordinances for the government and protec- 
tion of all parks, squares and public places 
within the city, and the same shall at all 
times be subject to all such ordinances as 
to the use and occupation thereof and in 
respect to any erections or encumbrances 
thereon.] Any person violating any [of 
•uch] ordinances relating to the parks or 


other property mentioned in this section 
shall be guilty of a misdemeanor and shall 
on conviction before a city magistrate be 
punished by a fine not exceeding fifty dol- 
lars, or in default of payment of such fine 
by imprisonment not exceeding thirty days. 

Laiitlsoaite architect; appolntnient and 

duties. 

See. 611. The board [shall also appoint 
without definite term] may employ when 
thereto aut horized by the board of estimate 

and apportionment, a landscape architect, 
skilled and expert, whose assent shall be requi- 
site to all plans and works or changes there- 
of respecting the conformation, development 
or ornamentation of any of the parks, squares, 
or public places of the city, to the end that 
the same may be uniform and symmetrical 
at all times. It shall he the duty of such .ar- 
chitect, from time to time, to prepare 
and submit to the board, or to any commis- 
sioner, as he may deem proper, or as he may 
be requested by said board or by any com- 
missioner, plans for works or changes there- 
of respecting the parks, parkways, squares 
or public places of the city. [The salary of 
said architect shall be fixed within the proper 
appropriation.] 

General powers of commissioners as 

to the mnnagement of parks. 

Sec. 612. [Subject to such general rules and 
regulations as shall be established by the 
board, each commissioner shall have charge 
of the management and be responsible for the 
care of all such parks, parkways, squares and 
public places as are situated in the borough 
or boroughs over which he has jurisdiction, 
and of the streets and avenues immediately 
adjoining the same; but such jurisdiction shall 
not extend to nor include the buildings which 
are now or may hereafter be erected in such 
parks, squares or public places for govern- 
mental purposes, other than those of the de- 
partment of parks.] It shall be the duty of 
each commissioner, subject to such general 
rules and regulations as shall be established 
by the board and in corformity therewith, to 
maintain the beauty and utility of all such 
parks, squares and public places- as are sit- 
uated within his jurisdiction, and to [insti- 
tute and] execute subject to such rules and 
regulation all measures for the improve- 
ment thereof for ornamental purposes and 
for the beneficial uses of the people of the 
city. Subject to the general rules and regu- 
lations established by the board, each commis- 
sioner shall have power to determine the 
line or curb and the surface construction of 
all streets and avenues lying within a distance 
of three hundred and fifty feet from the outer 
boundaries of any park, square or public place 
in his jurisdiction; and he shall also have 
power to plant trees and to construct, erect 
and establish seats, drinking fountains, statues 
and works of art, when he may deem it taste- 
ful or appropriate so to do, on any part of 
the public streets and avenues within such 
environments, subject to the provisons of title 
two of this chapter and to determine when and 
where new lamps or lighting appliances shall 
be placed and lighted. All contracts made 
at public letting by the department of parks 
shall be made by the park board. 

Mainteiiauce and maiiageineiit of 

bnildliis'N III iinrks. 

Sec. 613. It shall be the duty of the com- 
missloneV for the boroughs of Manhattan 
and Richmond to maintain the meteorological 
and astronomical observatory, the Museum 
of Natural History, the Metropolitan Muse- 
um of Art in Central park, the Aquarium in 
Battery place, and such other buildings as 


now are or may hereafter be erected in such 
parks or in any other park, square or public 
place under his jurisdiction by authority of 
the [municipal assembly] board of aider- 
men. It shall be the duty of the commis- 
sioner for the borough of Brooklyn and 
Queens to maintain the Brooklyn Institute 
of Arts and Sciences, and such other build- 
ings as now are or may hereafter be erected 
in any park, square or public place under 
his jurisdiction by authority of the [munici- 
pal assembly] bo ard of ald er men. It shall 
be the duty of the commissioner for the 
borough of the Bronx to maintain the New 
York Botanical garden and the buildings 
appurtenant thereto, and such other institu- 
tions or buildings as may be established or 
erected in any park, square or public place 
in his jurisdiction by authority of the [mu- 
nicipal assembly] board of aldermen. It 
shall be the duty of the several com- 
missioners to provide the necessary in- 
struments, furniture and equipments for the 
several buildings and institutions within their 
respective jurisdictions, and. with the author- 
ty of the [municipal assembly] board of al- 
dermen, to develop and improve the same, and 
to erect additional buildings; but the main- 
tenance of all such buildings and institu- 
tions shall be subject to the provisions of 
the acts incorporating said institutions, or 
either of them, and the acts amendatory 
thereof, and to the pow'er§ of said corpora- 
tions thereunder, and of the boards by such 
acts created or provided for; and shall 
also be subject to and in conformity 
with such contracts and agreements 
as have heretofore been made with 
such Institutions respectively, and are 
in force and effect when this act takes 
effect, or as may be hereafter made by the 
authority of the [municipal assembly] board 
of aldermen, and no moneys shall be ex- 
pended for such purposes unless an appropri- 
ation therefor has been made by the board of 
estimate and apportionment and the [munici- 
pal assembly] board of aldermen. Out of 
the moneys annually appropriated tor the 
maintenance of parks each commissioner 
may apply such sum as shall be fixed by the 
board of estimate and apportionment for the 
keeping, preservation and exhibition of the 
collections placed or contained in buildings 
or institutions now situated or hereafter 
erected in the parks, squares or public 
places under the jurisdiction of such com- 
missioner. 

Aiipoiiitineiit of subordinate officers. 

Sec. 614. The park board shall have power 
to appoint a secretary and such subordinate 

officers as may be necessary for the p roper 

conduct of the office of the department. 

Each commissioner shall- have power to 
appoint such superintendents, engineers, sub- 
ordinates, clerks and assistants as may be 
necessary for the efficient performance of 
the duties of the department respecting 
the parks, squares and public places within 
his jurisdiction [and as may be authorized 
by the municipal assembly and provided for 
by the proper appropriation. He shall, sub- 
ject to the approval of the beard, fix the sal- 
aries of his appointees within the limits of 
such appropriation. Each commissioner shall] 
a^ also have power to employ all of the me- 
chanics, agents or laborers needed or requir- 
ed for the work of the department In the 
parks, squares and public places in his ju- 
risdiction within the limits of the proper ap- 
propriation. [and to arrange and classify the 
various appointees and employes in such man- 
ner and under such titles or designations as 
the board may prescribe] Each commissioner 


THE CHARTER OF THE CITY OF NEW 


■hall have in immediate charge the control 
and disposition of such membens of the police 
force of the cky of New York, as constituted 
by thifi act, as may be assigned for duty in 
the parks, fiquare« or public places subject 
to his jurisdiction. 

Permits [to] for bniltliiig'S for lire 
apparatus. 

Sec. 61.5. Each commissioner is hereby au- 
thorized in his discretion, on the application 
in writing of the fire commissioner, to per- 
mit a building or huildings for fire apparatus 
to be placed in any of the parks, squares or 
public places situated within the jurisdiction 
of such commissioner of parks, provided the 
said building or buildings are so located and 
constructed as, in the judgment of the eom- 
niissloner granting such permission, will not 
disfigure or encumber the said park, square or 
public place, or interfere with the purposes of 
public use and recreation, but will tend to the 
protection of the public and their property. 

General powers of eoiniiil.s9ioner8 un- 
der former nets. 

Sec. 616. Tbe [commissioner for the 
boroughs of Manhattan and Richmond] 
park beard shall in addition to the 
powers, rights and duties expressly con- 
ferred or imposed upon [him] It by this act, 
possess and exercise all the powers, rights 
and duties and shall be subject to all the obli- 
gations heretofore vested in, conferred upon 
or required of the corporation known as the 
mayor, alderman and commonalty of the city 
of New York or the department of parks in 
said city, or the commissioners of parks, or 
in any other board, bedy or officer therein or 
• thereof, or [in] any commission, commission- 
er, body, board or officer in or for the county of 
Richmond, [so far as such powers, rights, 
duties and obligations concern or affect the 
control, care, management, government, ex- 
tension, maintenance or administrative juris- 
diction of the parks, squares and other public 
places situated or lying within the boroughs 
of Manhattan and Richmond or either of them 
at the time this act takes effect or which may 
thereafter be opened or established therein, 
so far as the same are not inconsistent with 
this act. The commissioner for the borough 
of the Bronx shall, in addition to the powers, 
rights and duties expressly conferred or im- 
poeed upon him by this act, possess and ex- 
ercise all the aforesaid powers, rights, duties 
and shall be subject to all the aforesaid ob- 
ligations so far as such powers, rights, du- 
ties and obligations concern or affect the care, 
management, control, government, extension, 
maintenance or administrative jurKsdiction of 
the parks, squares and other public places 
situated or lying within the borough of the 
Bronx at the time this act takes effect, or 
which may thereafter be opened or estab- 
lished therein, so far as the same are not in- 
consistent with this act. The commissioner 
for the boroughs of Brooklyn and Queens 
shall in addition to the powers, rights and 
duties expressly conferred or imposed upon 
him by this act, possess and exercise all the 
powers, rights and duties and shall be subject 
to all the obligations heretofore vested in or 
conferred upon, or required of] or the cor- 
poration known as the city of Brooklyn, or 
the department of parks in and for said city, 
or the commissioners of parks, or any com- 
mission, commissioner, body, board or officer 
of said city or of the county of Kings, or 
[in] any commissioner, body, board of offi- 
cer in or for [that portion of] the county 
of Queens, [which is included in The City 
of New York as constituted by this act,] so 
far as such powers, rights, duties and obli- 
gations [concern or affect] concerned or 


affected the control, care, management, gov- 
ernment, extension, maintenance or adminis- 
trative jurisdiction of the parks, squares and 
other public places situated or lying within 
[the boroughs of Brooklyn and Queens, or 
either of them at the time this act takes 
effect or which may be thereafter] The City 
of New York as constituted by this act or 
v'hich have since been or may hereafter be 
opened or established therein, so far as the 
same are not inconsistent with this act. 
Nothing contained in this section shall be 
construed to limit the administrative control 
of t he several c ommissioners over the parks, 
squares or public places situated or lying 
within their respective jurisdictions. 

Accounts; aiiiinul estimates; expenili- 

tures. 

Sec. 617. Each commissioner shall keep 
accurate and detailed accounts, in a form 
approved by the comptroller [commis- 
sioner of accounts] of all moneys re- 
ceived and expended by him, the sources 
from ’which they are received and the pur- 
poses for which they are expended, and 
shall prepare itemized monthly statements 
of all receipts and expenditures in duplicate, 
one of which statements, together with all 
vouchers, shall be filed with the controller, 
and one of which shall be filed in his own 
office. Each commissioner shall, on or be- 
fore the first day of September in each year 
prepare an itemized estimate of his necessary 
expenses for the ensuing fiscal year and pre- 
sent the same to the board. The three esti- 
mates so prepared as revised by the board 
shall tegether constitute the annual estimate 
of the department of parks, and shall be sub- 
mitted to the board of estimate and apportion- 
ment within the time prescribed by this act for 
the submission of estimates for the several 
departments of the city. No commissioner 
shall incur any expense for any purpose in 
excess of the amount appropriated therefor; 
nor shall he expend any money so appropriated 
for any purpose other than that for w'hich 
it was appropriated. [The commissioner for 
the boroughs of Manhattan and Richmond 
shall annually include in his estimate of the 
amount necessary for the maintenance of the 
parks, the sums now authorized by lav/ for 
the maintenance of the American Museum of 
Natural History and the Metropolitan Museum 
of Art, no't exceeding, however, ninety-five 
thousand dollars per annum for each of the 
said museums.] It shall be the duty of the 
board of estimate and apportionment and of 
the [municipal assembly] ^oard of ald^men 
to provide in the annual budget the propor- 
tionate part of the appropriation for the de- 
partment of parks applicable to the admini.s- 
tralion of [the department in each borough 
j of the city, borough by borough.] eac h com- 
missioner. 

. 4 »lvei'f ;«emenfs for Mupplien. 

Sec. 618. The board shall from time to time 
as may be necessary, advertise in the City 
Record and the corporation newspapers for not 
less than ten days, for proposals for such arti- 
cles and supplies as shall be necessary to be 
used in the parks, squares and public places 
of the city, and shall award contracts for the 
same to the lowest bidders who shall 
give adequate security for the faithful per- 
formance of such contracts, excepting such 
perishable articles as may be excepted by 
the rules and regulations of the board. In 
case of an emergency each commissioner may 
purchase articles immediately required with- 
out calling for competition at an expense 
not exceeding one thousand dollars during 
any one month 


YORK. 71 


Bnttery place; boat laudingN. 

Sec. 619. The commissioner for the bor- 
oughs of Manhattan and Richmond shall have 
power and control over all that portion of 
Battery place lying south of the line of the 
south side of pier No. 1. North river, and 
west of the easterly line of West street, ex- 
tended in a southerly direction, and also over 
the waters of the North river and soil under 
the waters thereof, in front of said portion 
of Battery nlace, and to the extent of two 
hundred feet westerly from the westerly end 
of said Battery place; and it shall be lawful 
for such commissioner to erect, construct and 
maintain on said part of Battery place, and 
over or on tlie lands under water before men- 
tioned, suitable buildings, docks, piers, or 
basins for the accommodation of small boat* 
that may be engaged in the business of at- 
tending on shipping lying in the said river, or 
the bay or harbor of New York, and also to 
make, prescribe and enforce, from time to 
time, such rules and regulations, for the use 
and enjoyment of the same, as to the com- 
missioner shal, seem meet and proper for 
the public interest. Such commissioner may 
also prescribe and enforce like rules and or- 
dinances for the control and government of 
all small boats frequenting or using the water 
basin at the south end of the Battery. 
Harlem river iiiiproveiuea t. 

Sec. 620. It shall be the duty of the commis- 
sioner, for the boroughs of Manhattan and 
Richmond to continue and complete every and 
all plan or plans, work or construction, resptet- 
ing the improvement of Harlem river, hereto- 
fore devolved upon the department of public 
parks of the corporation known as the mayor, 
aldermen and commonalty of the City of New 
York, by chapter five hundred and thirty- 
four of the laws of eighteen hundred and sev- 
enty-one, and by all acts or parts of acts 
amendatory thereof, so far as the same re- 
main to be continued and completed accord- 
ing to the provisions of that act or Its amend- 
ments. 

Metropolitnii innHPum of art. 

Sec. 621. The commissioner for the bor- 
oughs of Manhattan and Richmond is hereby 
authorized and directed to continue the con- 
tract with the Metropolitan Museum of Art 
tor the occupation by it of the buildings 
erected cr to be erected on that portion of 
the Central park east of the old receiving 
reservoir, and bounded on the west by th* 
drive, on the east by the Fifth avenue, on 
the south by a continuation of Eightieth 
street, and on the north by a continuation of 
Eighty-fifth street, and for transferring there- 
to, and establishing, and maintaining therein 
its museum, library, and collections, and car- 
rying cut the objects and purposes of th« 
said Museum of Art. 

.American mnseiiiii of natnral history. 

Sec. 622. The commissioner for the bor* 
oughs of Manhattan and Richmond is hereby 
authorized and directed to continue the con- 
tract with the American Museum of Natural 
History for the occupation by it of the build- 
ing erected, or to be erected, on that portion 
of the Central park formerly known as Man- 
hattan square, and for establishing and main- 
taining therein Its museums, library and col- 
lections, and carrying out the objects and 
purposes of said museum. 

New A'orU itiiblic library. 

Sec. 623. Whenever pursuant to lawful au- 
thority, the land at present occupied by the 
reservoir at Fifth avenue and Fortieth and 
Fcpty-second streetis shall be made a public 
park, and the removal of said reservoir shall 
have been duly author.zed and directed. UM 


TlftE Charter oe the city of n'ew 'iORK, 



commissioner for tlie boroughs of Manhattan 
and Richmond ia hereby authorized and di- 
rected to make and enter into a contract with 
the New York public library, Astor, Lenox 
and Tilden foundations, a corporation duly 
organized under the laws cf this state, for 
the use and occupation of said land, or of any 
part thereof, by the said corporation and its 
successors, for establishing and maintaining 
therecn a free public library and reading 
room, and for carrying out the O'bjects and 
purposes of said corporation in accordance 
wi'th the provisons of the agreement of con- 
salidaition between the trustees of the Astor 
library, of the Lenox library and of the Til- 
den trust, and the several acts incorporating 
the said several corporations; and said con- 
tract may provide that such use and occupa- 
tion shall continue so long as the said the 
New York public library, Astor, Lenox and 
Tilden foundations, or its successors, shall 
maintain such free public library and reading 
room upon said land. 

Brooklyn inatitntc of ai-ta and sciences 

Sec. 624. The commissioner for the boroughs 
of Brooklyn and Queens is hereby authorized 
and directed to continue the contract and 
lease wkh the Brooklyn Institute of Arts a,nd 
Sciences, for the occupation by it of park 
lands and of a building or buildings erected or 
to be erected on that portion of Prospect park 
bounded by the Eastern parkway on the north, 
Washington avenue on the east, a line paral- 
lel to Old President street, and one hundred 
feet south of the southerly line of said street, 
on the south, and on the west by the easterly 
line of land reserved for the Prospect hill 
reservoir, and in continuation thereof, for 
establishing and maintaining therein its mu- 
seum, library and collections, and for carry- 
ing out the plans and purposes of said insti- 
tute and for the maintenance of said museum 
building or buildings, and for the keeping, 
preservation and exhibition of collections 
placed therein, a sum not less than twenty 
thousand dollars shall be appropriated annu- 
ally 'by the said city of New York, as consti- 
tuted by this act. 

Kew York botanical garden. 

Sec. 625. The commissioner for the bor- 
ough of the Bronx is hereby authorized and 
directed to carry out the existing contract 
made by and between the department of parks 
of the corporation heretofore known as the 
mayor, aldermen and commonalty of the city 
of New York and the board of managers of 
the corporation known as the New' York bo- 
tanical garden pursuant to the provisions of 
chapter two hundred and eighty-five of the 
lawB of eighteen hundred and ninety- 
one, entitled “.\n act to provide for the 
establishment of a botanic garden and museum 
and arboretum in Bronx park in the city of 
New York and to incorporate the New York 
botanical garden for carrying on the same,” 
as amended by chapter i03 of the laws of 1894, 
which contract provides for the allotting and 
setting apart for the uses of said garden 
of two hundred and fifty acres of land or 
less in the northern part of Bronx park 
as shown upon a certain map thereof num- 
bered five hundred and sixty-eight, and sign- 
ed by Messrs. Vaux and Parsons, and filed 
■with the former department of public parks 
of the corporation known as the mayor, al- 
dermen and commonalty of the city of New 
York. 

New York zoological garden. 

Sec. 626. The commissioner for the borough 
of the Bronx is hereby authorized and directed 
to carry out the contract made by and between 
the department of public parks and the sink- 
ing fund commissioners of the corporation 


heretofore known as the mayor, aldermen and 
commonalty of the city of New York, with 
the board of managers of the corporation 
know'u as the New York Zoological society, 
pursuant to the provisions of chapter four 
hundred and thirty five of the laws of eighteen 
hundred and ninety-five, entitled “An act to 
incorporate the New York Zoological society 
and to provide for the establishment of a 
zoological garden in the city of New York” 
if such a contract shall have been entered 
into prior to the passage of this act. If no 
such contract shall have been entered into 
by the said department of parks and the 
said sinking fund commissioners prior to the 
passage of this act, then and in that case 
the said commissioner for the borough of 
the Bronx with the consent and approval of 
the sinking fund commissioners of the city 
of New York, as constituted by this act. 
is hereby authorized to enter into a contract 
in behalf of the city of New York with said 
New' York Zoological society allotting and set- 
ting apart for the use of said society a tract 
of land in Bronx park In said borough of the 
Bronx upon such terms and conditions as 
shall be approved by the said commissioner 
and said sinking fund commissioners. 

Military pncampiiieiita and evolntioiis; 

public fairs. 

Sec. 627. No military encampment, parade, 
drill, review or other military evolution or 
exercise, shall be held or performed in any 
park, or In any part thereof [nor shall any 
military company, regiment, or other military 
body, enter or move in military order within 
any park] without permit from the commis- 
sioner within whose Jurisdiction such park is 
situated. No military officer shall have au- 
thority to order, direct, or hold any such 
parade, drill, review, or other evolutions or 
exercise or encampment within any park, ex- 
cept in case of riot, insurrection, rebellion or 
war, without such permit. It shall not be 
lawful to grant, use or occupy, for the pur- 
poses of a public fair or exhibition, any por- 
tion of any park, square or public place. 

TITLE 2. 

.\UT COMMISSION. 

-Irt ooiiimlssion; liow poiistitnted. 

Sec. 633. There shall be an art commission 
for the city of New York composed as fol- 
lows: 

1. The mayor of the city of New York, ex- 
offleio. 

2. The president of the Metropolitan Muse- 
um of art. ex-officlo. 

3. The president of the New' York Public 
library — (Astor, Lenox and Tilden founda- 
tions), ex-officio. 

4. The president of the Brooklyn Institute 
of Arts and Sciences, ex-officio. 

One painter, one sculptor and one archi- 
tect, all residents of the city of New York; 
and three other residents of said city, none 
of whom shall be a painter, sculptor or archi- 
tect or member of any other profession in the 
fine arts. All of the six last mentioned shall 
be appointed by the mayor from a list of not 
less than three times the number to be ap- 
pointed proposed by the Fine Arts federation 
of New York. 

In all matters of ■which such commission 
takes cognizance pertaining to work under 
the special charge of a commissioner or de- 
partment, the commissioner having such itpec- 
ial charge shall act as a member of the com- 
mission. 

Members of oommissiou; Iiott cboseni 
vacancies, etc. 

Sec. 634. The painter, sculptor and archi- 
tect, members of the commission, shall choose 


by lot one, tw'O and three year terms of 
office; the three other appointed members of 
the commission shall also choose by lot one, 
two and three year terms of office, and the ap- 
pointment of their successors, after the ex- 
piration of the first year of this commission, 
shall be for a term of three years. All ap- 
pointments to fill vacancies shall be for the 
unexpired term. 

In case any vacancy shall occur In the com- 
mission, by reason of death, resignation, in- 
capacity, refusal to serve, or otherwise, the 
vacancy shall be filled by appointment, as 
provided in section 633 of this act. In case 
the Fine Arts federation shall fail to pre- 
sent a list of nominees as aforesaid within 
three months from the time when any ap- 
pointment is to be made, the mayor shall 
appoint without such nomination. 

Oflloer*. 

Sec. 635. The commission shall serve with- 
out compensation as such, and shall elect 
a president, vice president and secretary 
from its own members, whose terms of office 
shall be for one year and until their suc- 
cessors are elected and have qualified. The 
commission shall have power to adopt its own 
rules of procedure. Five commissioners shall 
constitute a quorum. 

OlHoos to be provided; expeuses, lio^v 

met. 

Sec. 636. Suitable offices shall be provided 
for the commission by the board of estimate 
and apportionment. The expenses of the 
commission shall be paid by the city; the 
amount of the same shall be fixed annually 
by the board of estimate and apportionment 
and the [municipal assembly] board of al- 
dermen. 

All vvorkii ol art to be submitted to 

and approved by the commission. 

Sec. 637. Hereafter no work of art shall be- 
come the property of the city of New York 
by purchase, gift or otherwise, unless such 
work of art or a design of the same, together 
with a statement of the proposed location of 
such work of art, shall first have been sub- 
mitted to and approved by the commission; 
nor shall such work of art, until so approved, 
be erected or placed In or upon, or allowed 
to extend over or upon any street, avenue, 
square, common, park, municipal building or 
other public place belonging to the city. The 
commission may, when they deem proper, 
also require a complete model of the pro- 
posed w'ork of art to be submitted. The term 
“work of art” as used in this title shall apply 
to and include all paintings, mural decora- 
tions, stained glass, statues, bas-reliefs nr 
other sculptures, monuments, fountains, 
arches or other structures of a perm'ineiit 
character, intended for ornament or commem- 
oration. No existing work of art in the pos- 
session of the city shall be removed, relocated 
or altered In any way without the 
similar approval of the commission, ex- 
cept as provided in section 639 of this 
act. When so requested by the mayor 
or the [municipal assembly] board of 
aldermen the commission shall act In ^ 
similar capacity, with similar powers, in 
respect of the designs of municipal build- 
ings, bridges, approaches, gates, fences, 
lamps or other structures erected or to 
be erected upon land belonging to the city, 
and in respect of the lines, grades and plot- 
ting of public ways and grounds, and in re- 
•pect of arches, bridges, structures and ap- 
proaches which are the property of any corpo- 
ration or private individual and which shall ex- 
tend over or upon any street, avenue, highway^ 
park or public place belonging to the city, 
and said commission shall so act and Its ap- 


78 


THE CHARTER OF THE CITY OF NEW YORK. 


pr oval shall b e required for every such struc- 
tiire which shalT hereafte r be erected or con- 
tr acte d f or at a n e.xpense exceeding on e mill- 
ion dollars. But this section shall not be 
constrvied as intended to impair the power 
of the park board to refuse its consent to 
the erection or acceptance of public monu- 
ments or memorials or other works of art 
of any sort within any park, square or pub- 
lic place in the city. 

Time for decision limited. 

Sec. 638. If the commission shall fail to de- 
cide upon any matter submitted to it within 
sixty days after such submission, its decision 
shall be deemed unnecessary. 

Removal or relocation of works of art; 

duty of eommisnion. 

Sec. 639. In case the immediate removal 
or re-location of any existing work of art shall 
be deemed necessary by the mayor, the com- 
mission shall within forty-eight hours after 
notice from him approve or disapprove of such 
removal or relocation, and in case of their 
failure so to act within forty-eight hours 
after the receipt of such notice, they shall be 
deemed to have approved of the same. 


* CHAPTER XIII. 

nKP.^RT.ME.VT OF PI BLIC CH.^IRITIES. 

Title L I^pardment of Public Charities. 

T itle 2. Bellevue a nd Allied Hos pitals in 
The City of New York. 

TITLE 1. 

f'ommlMsioner of iiuklle eliurltlcH; Jur- 

isdlellun; Hainry, 

Sec. 658. The head of the department of 
public charities shall be called the [board of 
public charities] c ommissioner of public c har- 
lties._ [said board shall consist of three 
commiesioners, who shall be designated com- 
mieei'oners of public charities of the city of 
New York. They shall be appointed by the 
mayor and hold their reepective ofllces, as 
provided in chapter four of this act. One of 
6>aid commissioners shall be the president of 
taid board, and shall be so designated by the 
mayor. In appointing such commissioners 
the mayor shall specify the borough or bor- 
oughs in which they are respectively to 
have administraitive jurisdiction, to wit; One 
in the boroughs of Manhattan and the Bronx; 
one in the boroughs of Brooklyn and Queens; 
one in the borough of Richmond.] The terms 
of office of the members of the board of 
public charities, except the president thereof, 
appointed pursuant to t he provisions of the 
Greater New York charter shall cease and 
determine on the first day of January, nine- 
teen hundred and two. and the president of 
the said board of public charities shal l there- 
upon become the commissioner of public char- 
itles. The salary of the commissioner [for 
the boroughs of Manhattan and The Bronx, 
and of the commissioner for the boroughs 
of Brooklyn and Queens] of public charities 
shall [in each case] be seven thousand five 
hundred dollars a year. [The salary of the 
commissioner for the borough of Richmond 
shall be two thousand five hundred dollars a 
year.] The principal office of the department 
shall be in the borough of Manhattan. There 
[shall] may be a branch office in each of 
the other boroughs. 

RaleM and regulations; subordinate 
otllcers. 

Sec. 669. The said commissioner shall 
[board shall by a vote of a majority of its 


members] have power to establish general 
rules and regulations for the administration 
of the department and the government of the 
institutions under [the] its jurisdiction [of 
said several commissioners,] except the in- 
stitutions specified in section six hundred and 
sixty-one of this act, and except as provided 
in^itle two of this chapter, and such general 
rules and regulations shall be so far as prac- 
ticable uniform in all the boroughs. [Sub- 
ject to such general rules and regulations 
each commissioner shall have jurisdiction 
over the several classes of public institutions 
hereinafter specified which are situated or 
may hereafter be established within the 
borough or boroughs for which he is ap- 
pointed.] The commissioner [for the bor- 
oughs of Brooklyn and Queens], shall [each] 
have power to appoint and [at pleasure] in 
his discretion to remove [a deputy] not more 
than two deputies, to he known as first dep- 
uty. and second de puty, and shall define 
their duties. [Each] The first deputy [so 
appointed] shall during the absence or dis- 
ability ol the commissioner [appointing him] 
possess all the powers and perform all the 
duties of [such] the commissioner except 
the power of making appointments, [powers 
conferred by section six hundred and sixty- 
one and six hundred and sixty-four of this 
act. Whenever such absence or disability 
shall continue for five days, or in the judg- 
ment of the mayor it is necessary, either 
of the other commissioners may be desig- 
nated by him to exercise such powers]. In 
the absence or disability of both the com- 
missioner and t he first deputy, the second 
deputy shall possess all the powers and per - 
form all the duti es of the commissioner, ex- 
cept the power of makin g appointments. 
[The board of estimate and apportionment 
and the municipal assembly may from time 
to time provide for additional deputies in the 
last named boroughs and also for a deputy 
in the borough of Richmond. Any dep- 
uty to serve in the borough of Rich- 
mond shall be appointed by the com- 
missioner having administrative jurisdic- 
tion therein, and shall he subject to 
removal at his pleasure. Each of the com- 
missioners,] The commissioner, within the 
limits of his appropriation, shall have power 
to appoint and remove subject to the require- 
ments of t he civil service laws [and at 
pleasure to remove] such subordinate of- 
ficers and assistants as may bo necessary 
for the efficient performance of his duties 
as [such] said commissioner. [The board 
shall have power to appoint a secretary, 
and, within the limit of his appropriation, 
to appoint such subordinate officers as may 
be necessary for the proper conduct of the 
office of the department.] 

I’uhlic Iimlltutloiis antler tlie jurlsilic- 
tlon of the [eommlMwloners] coniiiiiw- 
Mionor. 

Sec. 660. [Each] The commissioner shall 
have jurisdiction over, and it shall be his 
duty to take charge of and to establish 
and enforce rules and regulations [not con- 
sistent with the general rules and regula- 
tions established by the hoard, for the gov- 
ernment of the following described classes 
of public institutions situated within the 
borough or boroughs for which be is appoint- 
ed, viz.:] for all hospitals, asylums, alms- 
houses and ether institutions belonging to or 
hereafter acquired or established by the city 
of New York, which are or sball be devoted to 
the care of rtie feeble minded, the sick, the in- 
firm and the destitute: except [hospital wards 


attached to penitentiaries and to other prisons 
and institutions under the jurisdiction of ttie 
department of correction; and except such hos- 
pitals as are or may hereafter be established 
end conducted by the department of health, 
pursuant to law; and except the house of 
refuge for juvenile delinquents and the bouse 
of detention for witnesses; and except] the 
island known as Ward’s island and the build- 
ings and improvements thereon, and the equip- 
ment, .fixtures and furniture of the asylums 
for the insane on said island during the con- 
tinuance of Ibe lease thereof heretofore made 
by the city of New York to the state of New 
York, and except the hospitals specified in 
title two of this chapter an d such other In- 
stitutions as are by law placed under the 
charge of some other department or board. 
Such buildings and grounds on Black- 
well’s island as are now used for the care of 
the Insane pursuant to the provisions of chap- 
ter two of the laws of eighteen hundred and 
ninety-six shall, wben the ineane shall have 
been removed therefrom, [be under the juris- 
diction of the commissioner of public charl- 
‘tles for the borotighs of Manhattan and the 
Bronx.] and the buildings and grounds, to- 
gether wi* the equipments, fi.xtures and fur- 
niture of the buildings now leased to the state 
by the county of Kings for the care of the in- 
sane [shall] when said lease expires, shall 
be under the jurisdiction of the commissioner 
of public charities [for the boroughs of 
Brooklyn and Queens]. 

Fayiiients tu private institntioiis. 

Sec. 661. No payment shall be made by 
the city of New York to any charitable, elee- 
mosynary or reformatory institution wholly 
or partly under private control, for the care, 
support, secular education, or maintenance 
of any child surrendered to such institution, 
or committed to, received or retained therein, 
in accordance with sections 664, 665, 666 
and 667 of this act, except upon the certificate 
of the commissioner [having administra- 
tive jurisdiction] of public charj^ties that 

such child has been received and is 
retained by such institution pursuant to 
the rules and regulations established by 
the state board of charities. Moneys paid by 
the city of New York to any such institution 
for the ce.re, support, secular education or 
maintenance of Its inmates shall not he ex- 
pended for any other purpose. Whenever 
the commissioner shall decide, after reason- 
able notice to the institution and a hearing, 
that any such child as aforesaid who Is re- 
ceived and retained in such institution is not 
a proper charge against the public, and notice 
of such decision in writing is given by him to 
such institution, thereupon all right on th* 
part of said Institution to receive compensa- 
tion from the city for the further retention 
of the child shall cease. He shall file in the 
office in the department [in the borough with- 
in which the institution is situated,] a state- 
ment cf the reasons for his decision and of 
the facts upon which it is founded, and shall 
furnish a copy to the institution where the 
child is detained. His decision may be re- 
viewed on certiorari by the supreme court. 

Rowers of [eoiniuissioiiers] the eoni- 

iiiissioiier us 1o destitute and other 
persons. 

Sec. 662. The commissioner of public char- 
ities [for the boroughs of Manhattan and 
the Bronx] shall [within said boroughs] 
have all the authority concerning the care, 
custody and disposition of insane, feeble- 
minded, sick. Infirm and destitute persons 
heretofore conferred upon the board of pub- 
lic charities and upon the several commis- ■, 


'V 


74 


THE CHARTER OF THE CITY OF NEW YORK 




slonors of public charities [which the 
commissioners of public charities of the 
corporation known as the mayor, aldermen 
and commonalty of the city of New York 
had at the time of the taking effect of this 
act] and ^ shall be subject to the same 
obligations a: discharge the same duties 
in respect to such persons, except in so far 
as the same are inconsistent with or are 
modified by this act and the amendme nts 
^ereof. [The commissioner for the bor- 
oughs of Brooklyn and Oueens shall with- 
in said boroughs have all the authority 
concerning the care, custody and disposi- 
tion of such persons which the board of 
charities and correction of the city of Brook- 
lyn and county of Kings as formerly constitut- 
ed, or the superintendentor the overseers of the 
poor of the county of Queens, had at the time 
of the passage of this act and shall be subject 
to the same cbllgations and discharge the 
same duties in respect to such persons, ex- 
cept in so far as the same are inconsistent 
with or are modified by this act. The commis- 
sioner for the borough of Richmond shall with- 
in said borough have all the authority concern- 
ing the care, custody and disposition of such 
persons which the superintendent and over- 
seers of the poor in the county of Richmond 
had at the time of the taking effect of this act, 
and shall be subject to the same obligations 
and discharge the same duties in respect to 
such persons, except in so far as the same are 
inconsistent with or are modified by this 
act.] The [said several commissioners] 
commissioner shall be the [overseers] over- 
^er of the poor of the city of New York, 
as constituted by this act. [No] The com- 
missioner shall not have power to dispense 
any form of outdoor relief except as express- 
ly provided in this chapter, but [each] the 
commissioner shall have power to pay for 
the cost of the removal or transportation of 
any person Avho may come under his charge 
whenever in his judgment the city wull 
thereby be relieved from an unnecessary or 
improper charge.- [Each] The commission- 
er [in his borough or boroughs] shall 
make provision for the temporary care of 
vagrant and indigent persons, and shall 
provide for an investigation into the cir- 
cumstances .of all such persons, and shall 
cause every person who is found upon inves- 
tigation to be a vagrant, to be brought be- 
fore a magistrate pursuant to law. The board 
of estimate and apportionment and the T mu- 
nicipal assembly] board of alderme n shall 
in each year appropriate such sum as in 
their judgment may be necessary to carry 
out the provisions of this section. 

Clas.sillontiou autl iiistruetioii of in- 
itiates. 

Sec. 663. It shall be the duty of the c om- 
niissioner of public charities to investigate 
the circumstances of every person admitted 
to an institution under his charge and of 
the near relatives of s uch person. Such in- 
vestig ation shall be made, when practicable. 
before the admission of s uch person, and 
the results of investigati on shall be p laced 
one file and preserved with the records of 
the departm ent. It shall be the duty of the 
[each] commissioner to cause all the in- 
mates of public institutions under his charge 
to be classified so far as practicable. The 
inmates of the almshouse or almshouses 
shall be classified at the time of their ad- 
mission upon the basis of previous character 
and conduct, but such inmates may be trans- 
fe rred or reclassified in accordance with their 
conduct in the institution. Every inmate 
of the almshouse whose age and health wdll 


permit, shall be employed in cultivating the 
ground under the control of the commission- 
e£, or in manufacturing such articles as may 
be r equired for ordinary use in the public 
institutions under th e control of the com- 
missioner, or for the use of any departm^t 
of the cit y of New York, or in preparing 
a nd building sea w'al ls imon islands or other 
places belon ging to the city or such mechan- 
ical or other labor as shall be found from 
experience to suit the capacity of the indi- 
vidual. The articles raised or manufactured 
by such lab or shall be subject to the order 
of,_^and shall be placed under the control 
of the comm lssioDor, and all such articles 
shall be utilized so far as practicable in the 
public institutions under th e charge of the 
department of charities or in some other 
department of the city. All the land under 
the jurisdiction of the co mmissioner, not 
otherwise occu pied or utilized and which is 
capable of b eing cultivated, shall in the dis- 
cretion of said commissioner, be used for 
agricultural purposes. [Destitute children 
shall be kept apart from criminal children, 
so that youthful aud less hardened inmates 
shall not be rendered more depraved by as- 
sociation with and the evil example of older 
and more hardened inmates. Each] The 
commissioner within the limits of his appro- 
priation^. may establish and maintain in the 
public institutions under his charge such 
schools or classes for the instruction and 
training of inmates as may ^be authorized 
by the board of estimate and apportionment 
and the municipal assembly] in his opinion 
be desirable. 

Powers of [eommisMioners] the eom- 
missioner as to destitute aud~other 
eiiildreii. 

Sec. 664. [Each] The commissioner of pub- 
lic charities shall have power to commit, to 
indenture, place out, discharge, or transfer 
any child w^ho may be in his custody, or who 
may have been placed by him in an institu- 
tion as a public charge, whenever in his 
judgment it shall be for the best interests 
of such child so to do. and he and his suc- 
cessors in office shall have power to revoke 
and cancel any such indenture or agreement, 
and to make contracts for the maintenance 
of any such child; [in ac6ordance with the 
general rules and regulations of the board] 
in placing out or indenturing such children 
the commissioner may assign one or more of 
hi s subordinates to make the necessary in- 
ves tigations and he may employ any duly 
incorporated charitab le institution or so- 
ciety an d may reimburse such Institution 
or society for any expense s other than sal- 
aries. actually incurred in the placing out, 
supervision and tr ansfer if necessary, of 
children wh o al^e public charges. The word 

instit ution, whenever used in this chapter 
shalF includ e any charitable corporation, one 
of whose Ob jects is the care of c hildre n or 
the placing of childr en in families. An in- 
^tution to whi ch a child has been commit- 
ted as herein provided, shall have the au- 
thoritv to nlace such child in a family, or 
bind out such child by indenture, or consent 
to his adoption [; but in] In indenturing, 

placing out, transferring or committing any 
such child [such] the cornmissioner or any 
institution or society em ployed by him shall, 
when practicable, indenture or place out 
such child with an individual of the like 
religious faiih as the parents of such child, 
or transfer or commit such child to an in- 


stitution governed by persons of the same 
religious faith as that of the parents of 
such child. In respect to such minors so 
committed to or otherwise placed under his 
charge [each] the commissioner shall 
[within his borough or boroughs] have such 
additional powers as [are] were on the 
first day of Janu ary, eighteen hundred and 
ninety-eight [at the time of the taking 
effect of this act] vested by law in the cor- 
responding officers of the corporation known 
as the mayor, aldermen and commonalty of 
the city of New York of the corporation 
known as the city of Brooklyn, and of the 
counties of Kings, Richmond and Queens 
mentioned in section six hundred and sixty- 
two of this act. The commissioner sha ll not 
commit children to any institution which 
shall have been certified by the state board 
of charities to haA’^e failed to comply with 
the rules and regulations established by that 
board pursuant to section fourteen of article 
eight of the constitution, nor shall he com- 
mit any child to any institution not situated 
in the city of New York unless such institu- 
tion sha ll have been certified by said board 
to be properly protected from fire and other 
dangers. 

Notice of eommitnient of children. 

Sec. 665. Whenever any child, actually or 
apparently, under the age of sixteen years, 
is brought before any court or magistrate in 
the city of New York, as constituted by this 
act, pursuant to section eight hundred and 
eighty-eight of the code of criminal proce- 
dure, or is found destitute of means of sup- 
port the magistrate presiding, or court be- 
fore whom or which such child is brought 
shall thereupon fix a day not more 
than [three] five^ days distant for the 
hearing and final disposition of the charge 
against said child, and shall, at the same 
time, in addition to such other notices as 
may be required by law, give notice, in 
writing, of such arrest to the commissioner 
of public charities [of the borough in which 
said arrest is made,] and to the Society 
for the Prevention of Cruelty to Children 
duly authorized to carry on its Avork in the 
county in Avhlch said arrest is made, [if 
there shall be one incorporated in the bor- 
ough, ] which notice shall state the name 
of the child, its age, either actual or ap- 
parent, its sex. color, birthplace, residence, 
father’s name, mother’s name, parents' re- 
ligion and parents’ occupation, each if 
known; the specific charge upon which the 
arrest is made; the name of the officer mak- 
ing the arrest, and the name and address 
of the complaining Avitness, if any there be. 
And such court or magistrate may tempor- 
arily commit such child to the custody and 
1 care of an institution to which said court 
or magistrate is authorized by law to make 
final commitment. 

Children committed ns pablic eharjges; 

investi^^atioii. 

Sec. 666. [It shall be the duty of the com- 
missioner so notified to investigate forth- 
Avith the charge against such child.] The 
commissioner may appear either by clerk or 
by counsel on all hearings [and] proceed- 
ings for_the_coramitment of children. He 
shall investigate the circumstances of their 
relat iv es, Avhose duty it is to relief and 
maintain th em, and shall on or before the 
final hearing therein, file with the court 
or magistrate a statement in writing of 
such fact or facts as in the opinion of the 
commissioner render it proper or improper 
that such child should be supported as a 


THE CHARTER OE THE CITY OF NEW YORF 


75 


public charge at the expense of the eity; i 
and such written statement of fact or facts 
when so filed shall be preserved with and 
form a part of the record of the proceedings | 
instituted by the arrest of such child. Omis- | 
Sion or failure to file such statement shall I 
not be ground for delaying the final decision. ! 

Tei’iii of eoiuiuitiiieiit of children; dis- : 
chuiBC. I 

See. 6C7. The term of commitment of each j 
child committed in the city of New York, .is i 
constituted by this act, under any of the pro- 
visions of sectioins 6C4, 6G5 and 666 of this 
act, shall be until such child shall attain the 
ago of sixteen years, or until it shall be duly 
Indentured or placed cut as an apprentice by 
the institution to which tt shall have been 
committed, or until it shall be given over m 
adaption by said institution to some suitable 
person, or until returned to its parents, rela- 
tives, or guardians, or otherwise discharged. 
Each institution mentioned in section six hun- 
dred and sixty-one of this act, shall file with 
the commissioner [on or before July first, 
eighteen hundred and ninety-eight], at_the 
end of every three months a list of all the 
children [therein] referred to in section six 
hundred and sixty -one. six hundred and 
sixty-four, six hundred and sixty-five and 
six hundred and sixty-six of this act, r e-* 
ceived b y or discharged from said institution 
during the month, which list shall contain 
the names and residence of the parents and 
guardians of the children as far as known. ' 
Every such i nstitution shall keep a book in 
which it shall cause to be entere d the name 
and address of each parent, relative or other 
person visiting an inm ate of such institution 

who i s in whole or in part a charge upon 
the city of New York, and such name and 
address shall be e ntered upon the occasion 
of each visit by any suc h person. [Every 

three months thereafter each such institu- 
tion shall file a similar list of all such chil- 
dren received, discharged or otherwise dis* 
posed of in the interval.] 

SavliiK clause us to ccrtulii existing 
laws. 

Sec. 668. Nothing contained in the forego- 
ing sections shall be construed to alter or 
affect any provision of chapter one hundred 
and sevenity-'two of the laws of eighteen hun- 
dred and sixty-five, cr of chapter four hundred 
and thirty-nine of the laws of eighteen hun- 
dred and ninety-two, cr of chapter three 
hundred and fifty-three of the laws of eighteen 
hundred and eighty-si.x. 

Ilecoril of iuiiitttcs of institutions 

Sec. 669. It shall be the duty of [each] 
the commissioner of public ch arities to 
keep and preserve a proper record of 
all persons who shall come_ under his 
care or custody and cif the dispeeition made 
of such persons, wdth full particulars as to 
the name, age, sex, color and nativity o-f each, 
and in case of minors the names and resi- 
dence of parents and their religious faith so 
far as ascertained, and the religious faith and 
residence of the persons or families with whom 
or of the persons in charge 0*1 the institution 
In which they are placed, together with copies 
of any instrument of indenture or agreement 
executed by such commissioner. And it sh^ll 
also be tho duty of th e commissioner to keep 
and preserve such records of all persons who 
are inmates of private institut ions, who are 
accepted by hi m as prope r charges upon the 
city. 

'remporary cart* iu accident cases. 

Sec. 670. Any person injured or taken sick 


on the streets or in any public place within 
said city, who may not be safely removed to 
his or her home, may be sent to and shall be 
received in any public hospital within said 
city, for temporary care and treatment, ir- 
respective of his or her place of residence. 

Tcatporary care of the insane. 

Sec. 671. [Each] The commissioner shall 
provide and maintain as may be necessary 
suitable rooms or wards for the reception, j 
medical examination and temporary care of 
persons alleged to be insane for the boroughs 
other than Manhattan and The Bronx. 

.Alteration and repair of buildings. 

Sec. 672. [Eacji] The commissioner, [sub- 
ject to the approval of the board,] whenever 
the increase of Inmates in or the proper care 
and government of the public institutions or 
establishments under his jurisdiction shall 
in his judgment render It necessary or expe- 
dient, shall have power provided an approprjj- 
ation has been made therefor to enlarge or 
alter the buildings occupied by such institu- 
tions or establishments or any of them [;], 
and [shall also have power] to make all 
needful repairs to buildings and property un- 
der his control, [provided that an appropria- 
tion has been made therefor]. 

Potter's Held; power t o eNtalilisli ere- 

inntories. 

Sec. 673. [Each] Tlie_ commissioner except 
the commissioner of the boroughs of Man- 
hattan and The Bronx,] shall have charge of 
the Potter’s [Field or] Fields, [situated in 
the borough or boroughs for which he is 
appointed,] and [each and every commls- 
sipner] shall, when the necessity therefor 
shall arise, have power to lay out [a] addi- 
ticnal Potter’s [Field] JTields or other public 
burial place for the poor and strangers, 
[within the borough or boroughs for which 
he is appointed, ] and from time to time to 
inclose and extend the same, to make in- 
closures therein and to build vaults therein, 
and to provide all necessary labor therefor 
and for interments therein. Provided, h ow'- 
ever, that the Potter’s Field on H a rt’s Island 
shall remain under t he control of the depart- 
ment of correction, and the burial of deceased 
paupers therein shall co ntinue under rules 
and regulations as provided in section six 
hundred an d ninety-five of this act. The com- 
missioner of public cha rities and the commis- 
sioner of corre ction are respectively empow- 
ered to cause to be cremated the bo dies of 
deceased paupers and criminals where rela- 
tives do not object to such cr emation: and the 
board of estimate and apportionment, with the 
approval of the board of aldermen, may cause 
to be erected and equipped proper facilities 
for such crem ation . 

.Accounts; niiiiunl cHtinintcN; cxiiciidi- 

tnres. 

Sec. 674. [Each] The commissioner shall 
keep accurate and detailed accounts, in a 
form approved by the comptroller, of all mon- 
eys received and expended by him, the 
sources from which they are received and 
the purposes for which they are expended, 
[, and shall prepare itemized monthly state- 
ments of all receipts and expenditures in 
duplicate, one of which statements, to- 
gether with all vouchers, shall be filed with 
the comptroller, and one of which shall be filed 
j in his own office. Each] The commissioner 
i shall, on or before the first day of September i 
in each year prepare an itemized estimate of ' 
his necessary expenses fir the ensuing fiscal j 
i year, [and present the same to the board. The I 


three estimates so prepared as revised by th# 
board shall together constitute the annual es- 
timate of the department of public charities, 
and] which shall be submitted to the board 
of estimate and apportionment within the time 
prescribed by this act for the submission of 
estimates for the several departments of the 
city. [No] Tho commissioner shall Incur 
[any] no expense for any purpose in excess 
' of the amount appropriated therefor; nor shall 
he expend any money so appropriated for any 
purpose other than that for which It was 
appropriated. 

Advcrti«emcn<« for snitiillos. 

Sec. 675. The [board] commissioner 
public charities shall, from time to lime, as 
may be necessary, advertise in the City Rec- 
ord and the corporation newspapers for 
not less than ten days for proposals for 
such articles and supplies as shall be neces- 
sary to be used In and tor the relief and sup- 
port of the poor of the city, and which cannot 
he supplied by his department or by the de- 
partment of correction, and shall award con- 
tracts for the same to the lowest bidders who 
shall give adequate security for the faithful 
pcrformarci of such contracts [excepting such 
perishable articles as may he excepted by tho 
rules and regulations of the board]. In case 
of an emergency or In the purchase of Pj^r- 
ishable articles [each] the commissioner may 
purchase [articles immediately required] 
without calling for competition at [an] ^ 
total expense not exceeding [one] three 
thousand dollars during any one month, 'i'be 
commissioner s hall in the case of each such 
purchase, enter in a b ook to be ke pt fo r tha t 
purpose, a detai led statement of the facts 

which r ender purchase by contract imprac- 
tlcable. 

Ex|>eii<litiii*e» for the relief of th# 

blind. 

Sec. 676. The [commissioners are] com- 
mlssioner is hereby authorized and empow- 
ered to insert in [their] his annual esti- 
mate of expenditures an item of expenditure 
for the relief of the poor adult blind not to 
exceed in all seventy-five thousand dollars. 
[Under such rules and restrictions as the 
board may deem necessary, each] The com- 
missioner shall distribute the sum so ap- 
propriated each year [and assigned tor use 
in his jurisdiction,] in uniform sums not 
to exceed one hundred dollars to any one 
person, to such poor adult blind "person, not 
inmates of any of the public or private in- 
stitutions in The City of New York, who shall 
be in need of relief and who shall be citizens 
of the United States, and shall have been resi- 
dents of said city continuously for two years 
previous to the date of application for such 
relief. 

Detail of iumateH of correctional in- 

Mtitiitions to work in deiturtinent. 

Sec. 677. The commissioner [of the boroughs 
of Manhattan and the Bronx] may, from time 
to time in his discretion request the depart- 
ment of correcticn to detail and designate 
inmates of the correctional institutions of the 
city [on Blackwell’s Island] to perform neces- 
sary work, labor and services in and upon the 
grounds and buildings which are under tho 
charge of the said commissioner [on Black- 
well’s Island or Randall’s Island], and such 
inmates ' of such correctional institutions 
when so employed shall at all times be under 
i the personal ovea-sight and directlo'n of a 
keeper or keepers from such correctional 
j institutions as the department of correction 
I may deem necessary; but no inmate of 


76 


THE CHARTER OF THE CITY OF NEW YORK. 


correctional institution shall be employed in 
any capacity whatever in any ward of any 
hospital unde r the jurisdiction of the depart- 
inen_t_ot public charities while such ward is 
being used for hospital purposes, [and in 
like manner the commissioners for the bor- 
oughs of Brooklyn and Queens, and for the 
borough of Richmond may request the de- 
partment of correction to make a like detail 
or designation when the persons so detailed 
or designated can be properly guarded and 
restrained.] The provisions of this secti on 
shall not be construed to lim it the power of 
s aid commissioner to m ake requisition upon 
the commissioner of correct ion as provided 

by section seven hundr ed and one of this act. 

Care of non-resideiitN in [Bellevue ami 

IvinsK County] elty liONiiitniH. 

Sec. 678. The commissioner of public 
charities [for the boroughs of Manhattan 
and The Bron.x] is hereby authorized in his 
discretion to permit the reception and treat- 
ment in [Bellevue Hospital] hospitals un- 
de r his jur is diction of persons who do 
not reside in the city of New York, provided 
that every person so receiving treatment shall 
be required to pay such sum for board and 
attendance as may be fixed by such com- 
missioner, and provide d that no such persons 
shall be received to the exclusion of patients 
who resi de in said city, [and in like manner 
the commissioner for the boroughs of Brook- 
lyn and Queens may permit the reception 
and treatment of such persons in the hospital 
now know'n as Kings County Hospital.] Such 
commissioner shall collect and pay over all 
such moneys to the chamberlain once every 
month, and the amount so collected shall be 
paid into the general fund. [Each] Th e 
commissioner shall upon making such pay- 
ments to the chamberlain report the same 
to the controller of The City of New York. 

Keiiuisitlons of snborcllnnte ofllorrn. 

Sec. 679. Each superintendent, warden or 
chief officer of every institution under the 
charge of [any] the commissioner shall make 
his requisition in writing on [such] the 
commissioner for all articles deemed neces- 
sary by the said officer to be used in the re- 
spective institutions under his charge, and 
shall keep an accurate account of the same. 
Reitorts of subordinate oflloern. 

Sec. 680. Each such superintendent, warden 
er other chief officer of every institution under 
the charge of [any] the commissioner shall 
once in each week report in writing to 
[such] the commissioner the number of per- 
sons who have been received or transferred, 
who are sick, who have died, and who are re- 
maining in the respective institutions under 
his charge, the discipline w'hlch has been 
maintained therein, the punishments imposed 
and the quantity and kind of labor performed, 
and such other information as the commis- 
sioner may require. 

Honrs of labor: diseliiliiie. 

Sec. 682. The hour.? of labor required of any 
pauper or other person committed to or placed 
under the charge of [a] the commissioner 
•f public charities shall be fixed by the com- 
missioner [the board and shall not ex- 
ceed eigni hours per day for each such per- 
son.] In case any such pauper shall neg- 
lect or refuse to perform the work allotted 
to him or her by the person in charge, or shall 
violate the rules and regulations of the insti- 
tution, it shall be the duty of the superinten- 
dent of the almshouse to report such insub- 
ordicatioa or violation to the commissioner 
XhaviPit jurkdicUon] who may thereupon at- i 


rect the punishment of such pauper by soli- 
tary confinement and by being fed on bread 
and water only for such length of time 
as he may consider necessary. In case any 
pauper shall neglect to perform the work as- 
signed to him or her, or be grullty of any such 
violation on three or more separate occasions, 
the said commissioner may cause such pauper 
to be brought before the proper court or mag- 
istrate, and such court or magistrate may 
commit such pauper to the workhouse or pen- 
itentiary as a disorderly person. 

Support of poor persoii-s by relatives. 

Sec. 683. The grandparents, parents [father, 
mother] children and grandchildren of suf- 
ficient ability, of a poor person who is insane, 
blind, old, lame. Impotent or decrepit so as to 
be unable by work to maintain himself, and 
the g randparents and parents of a de stitute 
child , must at their own charge relieve 
and maintain him in a manner to be approved 
by the commissioner [within whose juris- 
diction such person resides]. If the rel- 
ative of a poor person fails to maintain and 
relieve him as in this section provided, the 
said commissione.' may apply to any city 
magistrate for the order authorized by law 
in such cases. The action authorized by law 
for a failure to comply with the order of the 
court requiring the payment of a weekly sum 
for such support must be in the name of the 
commissioner of public charities [within 
whose jurisdiction such poor person resides]. 

Cf>niluet of bastardy proceeding;!*. 

Sec. 684. Ail bastardy proceedings shall be 
conducted by and in the name of the commis- 
sioner [within whose jurisdiction the person 
charged with being the father or mother of 
the bastard resides], and the amount collect- 
ed shall be paid to the commissioner, to bo 
by him applied to the support of the child or 
of the child and its mother, and shall be ac- 
counted fer by him in a manner approved by 
the controller, [commissioner of accounts.] 
[Each] The commissioner shall have au- 
thority to compromise bastardy and abandon- 
ment cases [arising in the borough or bor- 
oughs for which he is appointed]. 

Mainieiiance of abandoned wives and 

ebildren. 

Sec. 68D. Every person in the city of New 
York, as constituted by this act, who actu- 
ally abandons his wife or children without 
adequate support, or leaves them in danger 
of becoming a burden upon the public, or 
who neglects to provide for them according 
to his means, or who threatens to run away 
and leave his wife and children a burden upon 
the public, may be arrested upon a complaint 
made under oath to a city magistrate and a 
warrant therecn issued, and brought before 
such magistrate, as provided by section nine 
hundred of the code of criminal procedure. 
And if thereupon it shall appear by the con- 
fession of the defendant or by competent tes- 
timony that he is guilty of the charge, the 
said magistrate shall make an order specify- 
ing a reasonable sum of money to be paid 
weekly for the space of one year thereafter 
by such defendant to the commissioner of pub- 
lic charities [for the borough in which such 
proceeding is had] for the support of the wife 
or children. But nothing in this chapter con- 
tained shall apply to or affect an order for 
the payment of money for the support of a 
child in an institution, pursuant to the provis- 
ions of section two hundred and eighty-eight 
of the penal code or of section nine hundred 
and twenty-one of the code of criminal pro- 
f peduro. 


C'oiniultnieiiiM la abandoumenjt pr»- 

eeedlngTM; nurety. ' 

Sec. 686. .'\ny person convicted of any of the 
offenses hereinbefore recited shall, upon being 
served with such order, enter into a bond to 
the people of the state in such sum as such 
city magistrate shall direct,’ with good and 
sufficient surety to be approved by the said 
city magistrate, that such person . w’lll pay 
weekly for the space" of one year such sum for 
the support of the wife or children or either 
or any of them, as has been ordered as afore- 
said, to the commissioner [of the borough 
in which such proceedings is had] of pub- 
11c charities. In default of such surety 
being found the city magistrate shall 
make up, sign and file in the office of 
the clerk of the county in which such con- 
viction is had, a record of the conviction of 
such offender as a disorderly person, specify- 
ing generally the nature and circumstances 
of the offense and the names of the witnesses 
by whom it has been established, and shall by 
warrant commit such offender to the work 
bouse on Blackwell's island, or to the peni- 
tentiary or jail in the borough where the con- 
viction is had, there to remain until such 
surety be found or such offender be discharged 
according to law, or he shall sentence such 
offender to Imprisonment in the penitentiary, 
for a term not exceeding six months or until 
such offender gives the security as hereinbefore 
provided or is discharged according to law. 
Upon the trial or hearing of all complaints 
for any or either of the offenses hereinbe- 
fore referred to, the wife shall be a compe- 
tent witness therein against her husband, as 
to all matters embraced in said complaint. 

.\otiuni« un Itniids in abandonment pro- 

eoediiiRs. 

Sec. 687. Any suit, action or proceeding 
brought or instituted upon any bond or rec- 
ognizance given in pursuance of the preceding 
section shall be brought and prosecuted by 
and in the name of the commissioner [for 
the borough in which such bond or recogniz- 
ance was given] of public charities, and 

all moneys recovered in any suit, ac- 
tion or proceeding shall be paid to [such] 
the commissioner, to be by him applied and 
expended for the support of the wife and 
children, or either or any of them of the 
person against whom the order mentioned and 
provided for in section G8S of this act shall 
have been made. If the person charged with 
the offenses hereinbefore recited or either of 
them, is admitted to bail the undertaking of 
his bail shall be for the future appearance of 
the defendant according to the terms of the 
undertaking, or that the ball will pay to ^he 
commissioner [of the borough in which such 
proceeding is had] a specified sum In the event 
of such failure to appear, or it such person 
deposits a sum of money as directed by law 
Instead of giving an undertaking of bail for 
his future appearance, and it such person 
shall thereafter fail to appear in accordance 
with the terms of said undertaking or the 
terms upon which the money was d^osited, 
then the said magistrate shall enter the fact of 
said person’s non-appearance upon the minutes 
and the undertaking of his bail or money de- 
posited instead of bail shall thereupon be for- 
feited. 

Koroveries iu abniKloniueiit iirocreil- 

iuKs. 

Sec. 688. When such an undertaking is for- 
feited, an action may be brought in the name 
of the commissioner [for the borough iu 
which such proceeding is had] of pub- 
lic charities to recover the amount spe- 
cified iu such undertaking, and the amount 
j recovered in. said aetdoa shall b« ajtpllea and 


THE CHARTER OF THE CITY OP NEW YORK. 


•xpended for the support of the wife and 
children, or either or any of them, of the 
person charged with the offenses hereinbefore 
recited or either or any of such offenses, and 
when any money has been deposited instead 
of ball and which shall have been forfeited 
as hereinbefore provided, said money shall 
be paid to the commissioner, by the person 
with whom the said sum of money is deposited, 
upon presenting to him a certificate from the 
city magistrate certifying to the forfeiture 
thereof, which said certificate shall state the 
name of the person making the deposit, when 
It was made, the name of the defendant, and 
that the said sum of money was forfeited 
on account of the defendant’s failure to ap- 
pear as directed, and shall be signed by said 
magistrate. ' 

Appeala In abaiitloiiment proccediiiit'S) 

costs. 

Sec. 689. An appeal to the court of general 
cessions may be taken from a conviction be- 
fore a city magistrate under this chapter 
within the county of New York, or to the 
county court in any other county [which is 
wholly or partly ] w'ithinThe City of New York 
[asconstituted by thisact,] which said appeal 
shall be conducted under and in accordance 
■with the provisions of the code of criminal pro- 
cedure of the state of New York, except that the 
Judge allowing the appeal must take from the 
defendant a' written undertaking in such sum 
and with such sureties as he may approve, 
that defendant will abide the judgment 
of the appellate court upon the appeal, and 
will pay all costs which may be awarded 
against him, and except that all notices re- 
quired by said code of criminal procedure 
to be served upon the district attorney upon 
such appeal shall be served upon the commis- 
sioner [for the borough in which the con- 
viclon frcm which such appeal is taken 


was had,] of 

public charities 

and 

the 

conimlssioner 

may appear by 

clerk 

or 

counsel upon 

the hearing of 

such 

ap- 


peal. The court must award costs to the 
party in whose favor the appeal is deter- 
mined, as follows, beside disbursements: To 
the appellant upon reversal, thirty dollars; 
to the respondent upon affirmance, twenty- 
five dollars. When awarded to the appellant 
they must be paid by the controller of the 
city of New York on the delivery to him of a 
certified copy of the order of reversal, and 
must be charged to the contingent account of 
the commissioner [for the borough in which 
conviction so reversed was had] of public 
charities. When awarded to the respondent 
th^^j^ent of costs may be enforced as in 
a civil action, and in an action brought there- 
for against the sureties upon the undertak- 
ing given on the allowance of the appeal, 
the production of a certified copy of the or- 
der of affirmance shall be conclusive evi- 
dence. 

When new security In required after 
eoiivictiuii In abandnnment proceed- 
ings. 

Sec. 690. Upon the recovery of a bond 
given by the defendant upon conviction in 
abandonment proceedings as prescribed in 
section six hundred and eighty-six; or upon 
proof byafndavitbythecommlssioner[s of the 
borough in which the defendant was convict- 
ed,] that he has caused diligent efforts to be 
made to serve personally upon a surety on 
such a bond, a summons in an action brought 
thereon for a default in the terms thereof, 
but has been unable to effect service upon 
such surety; or that a surety has been ad- 
judged a bankrupt, the city magistrate then 
sitting In the court in which such bond was 
given may issue a warrant for the arrest of 
the defendant, in whose behalf the bond was 


given, and require him to give new security 
or in default thereof may commit him. under 
the original order and conviction, in the 
manner prescribed in section six hundred and 
eighty-six; provided, however, that the total 
imprisonment upon such order shall not ex- 
ceed six months in any year. 

Support of Itastura Cliildrrii. 

Sec. 69i. If any time after an order of 
filiation in bastardy proceedings shall have 
been made, and an undertaking given there- 
on, in accordance with the provisions of this 
act and of the code of criminal procedure 
such undertaking shall not be complied with, 
or that for any reason a recovery thereon 
cannot be had, the overseers of the poor of 
any county, city or town or the commission- 
er of public charities [for the borough of the 
City of New York,] where the bastard, for 
whose support the order of filiation was 
made, shall be at the time, may upon proof 
of the making of the order of filiation, the 
giving of the above mentioned undertaking 
and non-compliance therewith, or that for 
any reason a recovery cannot be had on such 
undertaking apply to the court, in such 
county, city, or town, having jurisdiction 
in bastardy nraceedings. for a warrant for 
the arrest of the defendant against whom 
such order of filiation was made, which shall 
be executed in the manner provided in the 
code of criminal procedure for the execution 
of a warrant. Upon the arrest and arraign- 
ment of the defendant, the said court upon 
proof of the making of the order of filiation, 
the giving of the above mentioned undertak- 
ing. the non-compliance therewith or that 
for any reason a recovery cannot be had on 
such undertaking shall make an order 
requiring him to give a new under- 
taking in the manner provided in sub- 
division one of section eight hundred and 
fifty-one of the code of criminal procedure for 
giving an undertaking on conviction, or upon 
his failure to so give a new undertaking, 
shall commit him in the manner provided in 
section eight hundred and fifty-two of said 
code of criminal procedure. 

TITLE 2. 

BKLI.EVI K V.\I> Al.I.lEl) HO.XI»IT AI.S 
I\ THE <;ITV «»F \E\V VOKK. 

Bonril of trustee.**, jii r is»l let Ion. }»<>* verH 

ninl duties. 

Sec. 692. I. On the first day of July, nine- 

teen hundred and one. the jurisdicti on of the 
department of public charities of The City 
of New' York over Bellevue Hospital and 
the Fordham, Harlem and Gouverneur Hos- 
pitals and the E mergency JHospUaJ[ in East 
Twenty-sixth street in The City of New 
York, shall cease, and the car e, management 
and conrol of such hospitals shall be veste d 
in a board of trustees, whic h shall on said 
date succeed to all rights, duties and powers 
heretofore vested in said dep artment of piib - 
lio charities so far as concerns said hospitals. 
S.aid board of trustees shall _consist_of_ sevmi 
residents of The City of New York, together 
with the president of the board of pu blic 
charities, until January firs t, ninet een huu- 
dred and t.vo, and thereafter j^hi^co^mjs- 
sioner of public ch arit ies, ex officio. It shall 
be known as Wic “Board of Trustees of Belle- 
vue and .\llied H ospitals." In the month of 
June, nineteen hundred and one, the mayor 
of~The City of New York sha ll ^appoint mm 
resident of The Cit y of .\’ew Yo r k to serve 
as such trustee fo r the term of one ye ar , one 
for the term of two years, one for the term 


of th ree years, one for the term of four 
years, one for the term of five years, one for 
th e ter m of six years, an d one for the ter.m 
of seven years, from th e first day of .lu^ 

nineteen h undred and one. On or befof 
the fir st da y of June prior to the expi ration 

^f ^he term of office of any trustee, the 

mayor s hall appoint his successor for the 
full term of seven years. The mayor shall 
fill any vacancy in t he board caused by the 
death of a trustee, his resignation, removal 
fr om th e city or otherwise, by the appoint- 
ment of a trustee to hold offi ce for the un - 
expir ed term. Every person appointed to 
serve as su ch truste e shall before entering 
upon the du ties of his office take and sub- 
scribe the oath of office prescribed by the 
constitution of the state. 


2. Fo r the purpose of making the ap- 
pointnients aforesaid, the said mayor shall 
call upon the p resident or other executive 
head of each of tlie following organization s, 
to wit: The United Hebrew Charities of The 


City of Ne w York, the Particular Cou ncil o f 
N ew York of the S ociety of St. Vincent de 
Paul in New York, and the New York Asso- 


ciation for Improving the Condition of the 


Poor, to p resent a list of not less than twice 
the number of persons to be appointed mem- 


bers of said board of trustees, to fill a va- 
cancy or otherwise. Notice in writing of the 
dates on which appoint ments, including the 
first, to said board of trustee s are proposed 
^ be made shall be given by t he mayor to 
each of said presidents or other executive 
heads at least five days prior thereto, and 
such list of names shall be so presented 
v/ithin three days afte r the r eceipt of such 
notice. Said presidents or other executive 
heads may e ach su bmit, or two or more of 
them may jointly present, such a list of 
names. Appointme nts to said bo ard of trus- 
tees may in t he discretion of the mayor be 
made from such list or lists. 

3. No trustee shall be subject to removal 
under the p rovisions of section ninety- five 
of this act. but any trustee may be remc ety? 
by the mayor upon proof either of off.c lal 
misconduct or neglect of d uty or of cond, ct 
which tends to discredit his office or for 
me ntal or physical inability to p erform his 
duties, but before such re moval he shall re- 
ceive due a nd timely notice in writing o f 
the charges and a cop y thereof, and shall 
be entitled to a hearing on like notice before 
the mayor and to the assistance of counsel 
on sai d hearing. No trustee shall receive 
pecuniary compensation tor his services or 
be interested directly or indirectly in the 
furnishing or performing of work, labor, ser- 
vices, materials or supplies of any kind to 
or for said hospitals by contract or otherwise. 
No trustee shall hold any office of emolu- 
ment under the city, county, state or na- 
tional government, except the offices of not- 
ary public, or commissioner of deeds, or of- 
fices ip the national guard. 

4. The commissioners of the sinking fund 
of Tim City of New York shall within th irty 
days tifter Ihe passage of this act prepare a 
plan for the separation Jrom the department 
of public charitie s of the s aid Bellevue Hos- 
pital. and the Fordham, Harlem. Gouver- 
neur and Emergency Hospitals. Such plan 

hall apportion to each of said hospitals the 
ands. buildings, fixtures, furniture and other 
ppurtenances and property, and the books. 


78 


THE CHAIITER OP THE CITY OF NEW YORK. 


records, vouchers and other papers hitherto 

The said board of trustees shall provide and 

pointments, [within the borough or boroughs 

used in connection with or for the purposes 

maintain suitable rooms or wards for the 

to which he is assigned.] The commissioner 
may delegate to the superintendent or warden 
in charge of any institution in the depart- 
ment the power to appoint and remove subor- 
dinate offleers or assistants in such institu- 
tions. 

Iiistitnf ionK under the jnrlsillctloii of 

the eoiiiiiilssioner. 

Sec. 615. The commissioner shall have Juris- 
diction over and -it shall be his duty to take 
charge of and manage all institutions for tha 
care and custody of criminals and misdemean- 
ants which belong to or [are] shall be here- 

of said hospitals and provide in detail for 

reception, medical examination and tempo- 

the transfer thereof to said board of trustees 

rary care of persons alleged to be insane. 

of Bellevue and allied hospitals on the first 

8. The said board of trustees may permit 

day of July, nineteen hundred and one. It 

the reception and treatment in the said hos- 

shall further apportion to each of said hos- 

pitals, of persons who do not reside in The 

pitals, the employes and subordinates of 

City of New' York, provided that every per- 

every grade in the service of the department 

sou so receiving treatment shall be required 

of public, charities who shall be in service 

to pay such sum for board and attendance 

in and about the said hospitals exclusively 

as may be fixed by said board of trustees and 

on said date. To enable said commissioners 

provided that no such persons shall be re- 

to prepare such plan, they shall have access 

ceived to the exclusion of patients who reside 

to all of the books and papers which are the 

in said city. The said board of trustees shall 

after acquired by The City of New York [as 
constituted by this act] except the house of 

property of The City of New York in the 

collect and pay over all such moneys to the 

custody of said department of public chari- 

chamberlain once every month, and the 

refuge, the house of detention of witnesses, 
the Brooklyn disciplinary training school for 

ties, and to visit said hospitals and to re- 

amount so collected shall be paid into the 

quire at any and all times the attendance 

general fund. The said board of trustees 

boy."?, incorporated societies for the prevention 
of cruelty to children [all jails] and such 

before them of the commissioners of public 

shall, upon making such payments to the 

charities and of any of their employes and 

chamberlain, report the same to the con- 

places for the detention of prisoners or per- 
sons charged with crime as are [under the 
charge of the sheriff or the police depart- 
ment] by law placed under the charge of 
some other department, board or officer. The 

Euboriinates. 

troller of The City of New York. 

6. Said board of trustees shall organize 

9. The board of estimate and apportion- 

■within ten days after said trustees are ap- 

ment and the board of aldermen shall in each 

pointed It shall annually choose from its 

year appropriate such sum as in their judg- 

commissioner shall also have charge of such 
other institutions belonging to the city as 
have been or may be hereafter placed under 
his jurisdiction by the [municipal assembly,] 
board of aldermen. Whenever the state 

members at a regular meeting to be held 

ment may be necessary for the support and 

in the month of July, a president and a sec- 

maintenance of said hospitals. It shall be 

retary for the term of one year. It shall es- 

the duty of the board of trustees thereof to 

tablish rules and regulations for the admin- 

send to the board of estimate and anportion- 

istration and government of said hospitals. 

ment. on or before the first dav of Septem- 

authorities shall have caused the inmates 
of the lunatic asylum on Hart's island 
to be removed elsewhere and shall have 
vacated the buildings now on said isl- 
and occupied by said asylum, the said 
buildings, with the grounds thereto appertain- 
ing, shall become and be under the charge 
and control, of the department of correction; 
provided, however, that the burial of deceased 
paupers shall be continued on said island un- 
der regulations established by the joint action 
of the departments of public charities and of 
correction, or in case of disagreement between 
said departments, under such regulations as 
may be established by the mayor of the city. 

Trniisfpr of innintes to Riker's islautl 

anti Hart’s islantl. 

Sec. 696. The commissioner, whenever, in 
his judgment, it is expedient and practicable 
to do so, may cause to be removed to Rlker’s 
island, and in case Hart’s island shall have 
been placed under the charge and con- 
trol of the department of correction, as 
in section 695 of this act provided, 
then also to Hart’s island, the Inmates of the 
workhouse and of the penitentiary on Black- 
well’s Island; and he may direct such remov- 
als to be made, from time to time, as accom- 
modation for the said inmates may be pro- 
vided upon Rlker’s island and Hart’s island 
or elsewhere 'within the city of New York, 
And whenever in consequence of such re- 
movals or otherwise any of the buildings 
theretofore occupied or used for said work- 
house or penitentiary shall have become va- 
cant, such building or buildings, with the 
grounds thereto appertaining, shall be trans- 
ferred to the department of public charities. 
.\nd whenever any of the said buildings or 
grounds shall have been so transferred, the 
commissioner of correction shall have no fur- 
ther rights, duties or obligations in respect 
to such building or buildings or grounds, but 
it or they shall thereafter be included in and 
appei'-in to the department of public chari- 
ties of the city of New York, and shall be 
under the jurisdiction of the commissioner of 
charities, [for the boroughs of Manhattan 
and The Bronx. ] 

Povvt-rx of coiiiiiiiM.sioner over crliniu- 

rils niid iniHilcincnnantN. 

Sec. 697. The coramissiccer shull have all 
the authority ccnceraing the care, custodr 

It shall administer the moneys appropriated 

ber in each year, in the same manner and 

for said hospitals, subject to the genc-ai pro- 

general form as the heads of departments 

visions of this act relative to the audit and 

and other boards of The City of New York 

payment of claims. Said board shall have 

are required to furnish. 

power to appoint and at pleasure to remove 


such superintendents, medical officers, subor- 
dinate officers and other employes as may be 

CHAPTER XIV. 

DEPAKTMEXT OF COnKECTIOX. 

Juriniliotlon; salary; regalatious; sub- 
ordinate offleers. 

Sec. 694. The head of the department of cor- 
rection shall be called the commissioner oi 
correction. He shall be appointed by the 
mayor and shall hold office, as provided in 
chapter IV of this act. His salary shall be 
[seven] six thousand [five hundred] dollars 
a year. The commissioner shall have power to 
establish rules and regulations for the admin- 
istration of the department and the govern- 
ment of the institutions under his control. He 
shall have full and exclusive jurisdiction over 
the several institutions hereinafter specified 
which are situated or may hereafter be eetab- 
lished within the city of New York as con- 
stituted by this act. He shail have his prin- 
cipai office in the borough of Manhattan, [and 
a branch office in the borough of Brooklyn. 
He may establish such other branch offices as 
he may deem necessary.] He shall have power 
to appoint and at will to remove a deputy 
and to define his duties. The salary of such 

necessary for the efficient management and 

conduct of said hospitals, subject to the civil 

service laws and the rules and regulations 

of the municipal civil service commission. 

The board of trustees shall keep accurate and 

detailed accounts, in a form approved by the 

controller, of all moneys received and ex- 

pended by it, the sources from which they 
are received and the purposes for which 

they are expended. It shall during the month 
of January in each year transmit to the may- 

or a report as to the condition of the hos- 

pitals under its care and the management 

thereof during the year ending the preceding 

^irty-flrst day of December. 

C. The medical board of Bellevue Hospital, 
and allied hospitals, shall be composed of the 
attending and consulting physicians and sur- 

geons of said hospitals on the first day of 

July, nineteen hundred and one. They and 

«uch successors as the board of trustees may 

appoint shall serve without pecuniary com- 

pensatlon, and shall hold office so long as 

deputy shall be four thousand dollars a year. 

they shall perform their duties in a manner 

[and such additional deputies and assistant 

deputies as the beard of estimate and appor. 
tionmeut and the municipal assembly may 
from time to time authorize, and to assign 
them to duty in such borough or boroughs as 
he deems proper, and at least one of such 
deputies shall be assigned to the branch office 
in the borough of Brooklyn.] He shall also 
have power within the limits of his appropria- 
tion to appoint and [at will] to remove, subject 
to the requirements of the civil servieV laws! 

Eatisfactory to the said board of trustees. 

Vacancies occurring in said medical board 

shall be filled by the said board of trustees 

by appointment from the medical profession 

In The City of New York. The said board 
of trustees shall, on nomination of the said 
medical board, apnoint medical and surgical 

house officers to the said hospitals, all of 

whom shall serve without pecuniary com- 

pensation. 

7. Any person Injured or taken sick in the 
streets nr in any public square or place with- 
in The City of New York, who may not be 

such superintcndenis, wardens and other sub- 

ordinate officers and assistants as may be ne- 
cessary for the efficient performance of the 
duties of the department. [Each] The dep- 
uty so appointed shall during the absence or 
inability of the commissioner possess all the 
powers and perform all the duties of such 
commissioner except the power of making ap- 

»ifely removed to his or her home, may 

be sent to and shall be received in the said 

hospitals for temporary care and treatment. 

Irrespective of his or her place of residence. 


r 


THE CHARTER OF THE CITY OF NEW YORK 


79 


•nd disposition of criminals and mlsdemean- 
%nts whicli the commissioner of correction of 
the corporation known as ttie mayor, aider- 
men and commonalty of the city of New York, 
or which the board of charkies and correc- 
tion for the city of Brooklyn and county of 
Kings as formerly constituted had on the 
thirty-first day of December, eighteen hundred 
and ninety-seven [at the time of the taking 
effect of this act], and shall discharge 
the same duties and be subject to the 
same obligations in respect to such persons 
as the said commissioner and board respect- 
ively, except in so far as the same are incon- 
sistent with or are modified by this act. The 
commissioner shall have no authority and be 
subject to no obligation in respect to any 
destitute person net charged with or convicted 
cf crime or misdemeanor. 

ClaMMifioation of eriminnls niid niistle- 

nieanniits; iuntruetioii. 

Sec. 69S. It shall be the duty of iche commis- 
sioner to cause all the criminals and misde- 
meanants under his charge to be classified as 
far a" practicable, so that youthful and less 
hardened offenders shall not be rendered more 
depraved by the association w'ith and evil ex- 
ample of older and more hardened offenders. 
The commissioner may establish and main- 
tain such schools or classes for the instruc- 
tion and training of the inmates of the institu- 
tions under his charge, as may be authorized 
by the board cf estimate and apportionment. 
And to this end the commissioner [with the 
authority of the municipal assembly,] may set 
apart one of the penal institutions for the cus- 
tody of such youthful and less hardened offend- 
ers, and said commissioner shall have the 
power, in his discretion, to transfer such 
offenders thereto from any other of the penal 
institutions of the city. 

Reooi-fls of iniiintes of iiiNtltutioiis. 

Sec. 699. It shall be the duty of the com- 
missioner to keep and preserve a proper record 
of all persons who shall come under his care 
or cuAody, and of the disposition of each such 
person, with full particulars as to the name, 
age, sex, color, nativity and religious faith of 
each, together with a statement of the cause 
and length of deten'eion of each such person. 
Such record shall be supplementary to and 
shall be kept separate from the records re- 
quired to be kept by section 709 of this act. 

Eiiiployniciit of inniafe.H; articles 

iiianiifnetureil ; cultivation of lands. 

Sec. 700. Every inmate of an institution 
under the charge of the commissioner, whose 
age and health will permit, shall be employed 
in quarrying or cutting stone, or in cultivating 
land under the control of the commissioner, 
or in manufacturing such articles as may be 
required for ordinary use in the institutions 
under the control of the commissioner, or for 
the use of any department of the city of New 
York, or in preparing and building sea walls 
upon islands or other places belonging to the 
city of New York upon which public institu- 
tions now are or miy hereafter be erected, 
or in public work s carried on by any depart- 
ment of t he c ity, or at such mechan- 
ical~or other labor as shall be found 
from experience to be suited to the ca- 
pacity of the individual. The articles 
raised or manufactured by such labor 
shall be subject to the order of and 
shall be placed under the control of 
the commissioner, and shall be utilized 
in the institutions under his charge or 
in some other department of the city. All 
the lands under the jurisdiction of the com- 
missioner not otherwise occupied or utilized, 
and which are capable of cultivation shall in 


the discretion of the commissioner be used 
for agricultural purposes. 

Deinll of hiinatrs to work in «»ther «le- 

jinrtniciitH [€>f piiltlie olinrltiCH], 

Sec. 701. At the request of any of the ad- 
ministrative departments [commissioner of 
public charities] of The City of New York 
(who are hereby empowered to make such re- 
quest) the commissioner of correction may 
detail and designate any inmate or in.-nates 
of any of the institutions in the department 
of correction to perform [necessary] work, 
labor and services in and upon the grounds 
and building or in and upon any puy£CJ^mrk 
or improvement under the charge of such 
other department, [commissioner of public 
charities as provided in chapter thirteen of 
this act, and subject to the restrictions 
therein contained.] And s uch inm ates whe n 
so e mployed shall at all times be under the 

personal oversight and direction of a keeper 
or keepers from the department of co rrection , 
but no i nmate of any correctional institution 
shall be employed in any war d of any hosp i- 
tal, excent hospitals in penal institutions , 
while suc h ward is being used for hospital 
purposes. The provisions of this act or of 
law requ iring advertisement for bids or pro- 
posals, or the awarding of contracts, for work 
to be do ne or simplies to be furnished for auv 
of said departments sha ll not be applicable to 
pnblin work which may be done or to the 
suDoiies which may be furnished under the 
provisions of the pri son la w. 

Hours of labor; rtiseipline. 

Sec. 702. The hours of labor required of any 
inmate of any institution under the charge 
of the commissioner [shall not exceed eight 
hours per day tor each such person and] shall 
be fixed by the commissioner. In case any 
person confined in any institution in the de- 
partment shall neglect or refuse to perform 
the work allotted to him by the officer in 
charge of such institution, or shall willfully 
violate the rules and regulations established 
by the commissioner or resist and disobey any 
lawful command, or in case any such person 
shall offer violence to any such officer or to 
any other prisoner, or shall do or attempt to 
do any injury to such institution or the ap- 
purtenances thereof or any property therein, 
or shall attempt to escape, or shall combine 
with any one or more persons for any of, the 
afore.said purposes, the officer or officers of 
such institution shall use all suitable means 
to defend themselves, to enforce discipline, 
to secure the persons of the offenders and to 
prevent any such attempt or escape, and it 
shall be the duty of the officer in charge of 
such institution in which such person or per- 
sons is or are confined to punish him or them 
by solitary confinement, and by being ted on 
bread and water only, for such length of 
time as may be conside.-ed necessary; but no 
other form of punishment shall be Imposed, 
and no officer of any such institution shall 
Inflict any blows whatever upon any prisoner 
except in self-defense or to suppress a revolt 
or insurrection. In every case the officer im- 
posing such punishment shall forthwith re- 
port the same to the commissioner and notify 
Ihe physician of the institution. It shall be 
the duty of such physician to visit the person 
so confined and to examine daily into the 
state of his health until he shall be released 
from solitary confinement and return to labor, 
and to report to the commissioner and to the 
officer in charge of such institution whenever 
in his judgment the health of the prisoner 
shall require that he should be released. 


niinnal eftiiniuie; exi»einll- 

Sec. 703. The commissioner shall keep ac- 
curate and detailed sccounts. In a form ap- 
proved by the controller, of all mon- 
eys received and expended by him, the 
sources from which they are received and 
the purposes for which they are expended, 
[and shall prepare itemized monthly state- 
ments of all receipts and expenditures in du- 
plicate, one of which statements, together 
with all vouchers, shall be filed with the con- 
troller, and one of which shall be filed in his 
own office.] The commissioner shall, on or 
before the first day of September in each 
year, prepare an itemized estimate of the 
necessary expenses of the department for the 
ensuing fiscal year, which estimate shall con- 
stitute the annual estimate of the depart- 
ment of correction, and shall be submitted to 
the board of estimate and apportionment 
within the time prescribed by this act for 
the submission of estimates from the several 
departments of the city. He shall incur no 
expense for any purpose in excess of the 
amount appropriated therefor, nor shall he ex- 
pend any money so appropriated for any pur- 
pose other than that for which it was ap- 
propriated. 

AdveriisenienlH for Kii|>i>llrn. 

Sec. 704. The commissioner shall from time 
to time, as may be necessary, advertise in the 
City Record and the corporation newspa- 
pers, for not less than ten days for pro- 
posals for all such articles and supplies (ex- 
cepting perishable articles) as shall be neces- 
sary to be used in and for the institutions 
!n the department, except such as the depart- 
me nt itself can produce bv the labor of t he in- 
mates of institutions, and shall award con- 
tracts for the same to the lowest responsible 
bidders who shall give adequate security for 
the faithful performance of such contracts. In 
case of an emergency the commissioner may 
purchase articles immediately required with- 
out calling for competition, but the amount 
expended by the commissioner for articles so 
required or for perishable articles shall not 
exceed the sum of two thousand dollars dur- 
ing any one month. 

RenniHii ions and reporfM of Miiliordl- 

iiate oflicerH. 

Sec. 705. Each superintendent, warden, or 
other chief officer of any institution under the 
charge of the commissioner shall make his 
requisitions in writing upon the commissioner 
for all articles deemed necessary by the said 
officer to be used in the institution or insti- 
tutions under his charge, and shall keep an 
accurate account of the same. It shall also 
be the duty of each such superintendent, 
warden or other chief officer to report once 
In each week to the commissioner the num- 
ber of persons who have been received, 
discharged or transferred, who have be- 
come sick or w'ho have died, and the 
number remaining in the respective in- 
stitutions under their charge, the disci- 
pline which has been maintained, and 
the quantity and kind of labor performed, 
and such other information as the commis- 
sioner requires. 

Collection of fliicw. 

Sec. 706. The department of correction Is 
hereby authorized to demand and receive 
fines imposed for intoxication and disorderly' 
conduct in the city of New York as consti- 
tuted by this act in the manner and for the 
purposes now prescribed by law. 


so 


THE CHARTER OF THE CITY OF NEW YORK. 


-I 

• ■ 


[Conimitmeut of disorderly persons 
and vajgrniits.] Conimitmeut of per- 
sons convicted of public intoxication. 

If the fine be not paid within such time, the 

court or magistrate sitting in the magistrate’s 
court in which such conviction w’as had. 

disorderly conduct or vaij^rancy. 

Sec. 707. Whenever any person is convicted 
in the city of New York as constUiUed by this 
act, of public intoxication, disorderly conduct 
or vagrancy, the court or magistrate before 
which or whom such conviction is had. shall, 
if it or he do not suspend sentence as here- 

shall issue a warrant for the ^rest of such 

person, and shall commit him pursuant to the 

provisions of this section, as to commitment 

in case of the non-payment of a fine imnosed. 

in the same manner as if he had not thereto- 

fore been conditionally released. If the flue 

imposed be [two dollars or less and be] not 
paid forthwith, the person so fined shall, if 
he he not conditionally released as herein- 

inafter provided, impose upon the person 
fco convicted one or other of the pen- 
alties herein provided. Upon a charge 
of vagrancy [the persons so convict- 
ed shall be committed to the workhouse in 
said city, or to a county jail, to be detained 
until discharged pursuant to sections 710 and 
711 of this act, and for a term not exceeding 
six months from the date of such commit- 
ment, and the warrant of commitment shall 
fio recite. All persons convicted of any of 
the offenses last mentioned in any of the 
boroughs of the city of New York shall be 
committed to the workhouse on Blackwell’s 
island, or to a county jail, except as herein- 
after provided, hut may be thereafter trans- 
ferred hy the commissioner to any branch 
workhouse in the control of the department] 
if the person so convicted be a prostitute be- 

above provided, be committed [to the city 
prison or county jail] in the boroughs of 
Manhattan and The Bronx to a city 

prison or a county jail, and in the other bor- 

oughs of said city to the county jail of the 

county in w^hich he shall have been convicted. 

for not exceeding [two] ten days, each day of 
imprisonment to be taken as a liquidation of 
$1 of the fine. [If the fine imposed exceed the 
sum of $2, and be not paid forthwith, the 
court or magistrate shall commit the person 
so fined to a city prison or county jail and the 
w'arrant of commitment shall contain a di- 
rection that if the fine be not paid before 5 
o’clock in the afternoon of the day succeed- 
ing such commitment, the person so committed 
shall be transferred to and detained in the 
workhouse until discharged pursuant to The 
provisions of this chapter, and for a term not 
exceK^ding six months from the date of such 
commitment.] 

3. Require any person convicted of disorderly 
conduct to give sufficient surety or sureties for 
his good behavior for [any time not exceed- 
ing] a period of time, to be recited in the com- 

tween the ages of 16 and 21, the court or 

magistrate may commit such person, for not 
exceeding one year, in the boroughs of Man- 

hattan and The Bronx, to the Roman Catho- 

Me House of the Good Shepherd, the Protest- 

ant Episcopal House of Mercy or the New 

York Magdalen Benevolent Society: in the 
borough of Brooklyn to the Wayside Home, 

House of the Good Shepherd or the Bethesdu 

raitment, of not more than six months. In 

Home, and in the other boroughs to one of 
the above named institutions or to any other 
similar institution for women incorporated 

default of giving such surety forthwith, the 
court or magistrate shall commit such person 
[to the city prison or county jail, to be there- 
after transferred to and detained in, the 
workhouse], in the boroughs of Manhattan 

to carry on reformatory or rescue work in 

The City of New York. All other persons 

convicted upon a charge of vagrancy, includ- 

and The Bronx to the city prison to be there- 
after transferred to and detained in the work- 

ing persons convicted as prostitutes and not 

committed to a reformatory as hereinafter 

house, in the borough of Brooklyn to the pen- 
itentiary. and in the other boroughs of said 

provided shall be committed, in the boroughs 

of Manhattan and The Bronx, to the work- 

city to the county jail of the county in which 

bouse on Blackweir§ Island, in the Borough 

he shall have been convicted or to said work- 

house or to said penitentiary to be there de- 

of Brooklyn to the penitentiary of said bor- 

ough. and in the other boroughs of said city 

tained, unless sooner discharged pursuant to 

to a county jail, for the term of six months. 

section seven hundred and eleven of this act. 

Upon a charge of public intoxication or disor- 
derly conduct, the court or magistrate may 
Impose a penalty as follows: 

1. Commit the person so convicted [to the 
said workhouse or jail to be detained until 
discharged pursuant to sections 710 and 711 
of this act, and for a term not exceeding six 
months from the date of such commitment, 
and the warrant of commitment shall so 
recite] in the boroughs of Manhattan and 

until such surety is furnished, or until [dis- 
charged pursuant to sections seven hun- 
dred and ten and seven hundred and 
eleven of this act, not exceeding, how- 
ever. a term of six months from the date 
of such commitment. But no such person shall 
be discharged by the commissioner prior to the 
expiration of the time for which he was re- 
quired to give surety, except by order of the 
magistrate who signed the last w'arrant cf 
commitment, granted as provided in this chap- 
ter] the expiration of the period of time fixed 

The Bronx, to the workhouse, in the borough 

of Brooklyn to the penitentiary of said bor- 
ough, and in the other boroughs of the said 
city, to a county jail or to said workhouse 
or to said penitentiary, tn he detained for the 

by said commitment as aforesaid. 

4. Nothing in this section contained shall 

be so construed as to prevent any court or 

magistrate from committing any person so 

term of six months. 

2. Impose a fine not exceeding $10. Upon 
the payment of the fine imposed, the person so 
convicted shall be forthwith discharged from 
custody. If. ID the judgment of the court or 

convicted to any state institution to which, 

and for any term longer than six months, 

such magistrate may now be authorized to 

commit by law. 

magistrate, the person so convicted may be 

5. Any court or magistrate may suspend 

lelied upon to pay the fine imposed within a 

sentence in the case of any person convicted 

reasonable lime, the person so convicted may 

as in this section provided and release such 

be conditionally released, and shall be fur- 

person upon probation upon such terms and 

nished by the clerk of the court with a writ- 

conditions, and for such period of time, not 

len certificate that he is released upon condi- 

exceeding six months, as the court or magis- 

tion that the fine imposed be paid into court 

Irate may deem best. A person released on 

withiu a time to be named in the certificate. 

probation in accordance with the provisions 


of this section shall be placed under tht 
charge and supervisi on of a probation o fficer, 
to be appointed as provided in this section^, 
and shall be furnished by the clerk of the 
court wit h a written statement of the terms 
an d conditions of his release. If at any time 
during the probationary term of a person con- 
victed and released u nder the provisions of 
this section it shall a ppear to the court before 
which, or the ma gistrate sitting i n the m agis- 
Irate’s court in which the person so convicted 
was convicted, by report of the probation 
officer under whose care such person was 
placed, or otherwise, that such person has 
viol ated any of the terms or conditions of his 
release, the said court or magistrate may 
issue a warrant for the arrest of such person, 
and if it shall appear that su ch violation has 
occurred, it or he may commit him in ac- 
cordance with the provisions of this section 
in the same mann er as if such pe rson had 
not theretofore been released \ipon proba- 
tion. 

6. The court of speci al sessions of each d i- 
vision of The City of New Yo rk, and the 
board of city magistrates of each division of 
The City of New York, shall have authority 
to appoint such number of discreet persons 
of good character, either men or women, to 
serve as probation officers, as said courts or 
boards may deem ne ce s sary. to serve during 
the pleasure of the court or board of magis- 
trates appointing them and without compen- 
sation. The board of city magistrates of each 
division of The City of New York shall as- 
si gn the probation officers appointed by it to 
the various cit y magistrates* courts in its 
divisio n, and each probation officer shall act 
only as an officer of the city magistrate's 
co urt to which he is so assigned. The court 
of special sessions of the second division of 
The Cit y of New Y ork shall assign the pro- 
bation officers appointed by it to each of the 
three boroughs in that divisio n, and each pro- 
batiou officer so assigned shall act only as 
an. officer of the court of special sessions of 
t he seco nd division, i n the borough to which 
he is so assigned. 

7. It shall be the duty of the probation offi- 
c ers appointed un der the provisions of this 
section to supervise the co nduct of each per- 
son placed under their charge respectively, 
and to report any violation by any such per- 
son of the terms and conditions of his re- 
lease; to make such in\estigation as m ay be 
required by the court or ma gistrate In the 
case of any person accused or convicted of 
publi c intoxication, disorderly co nduct or va- 
grancy, and to furnish such information as 
may be necessa ry to assist the court or mag- 
istrate in making a proper dispo sition of each 
c ase: and to re nder such assistance and ad- 
vlce to the persons placed u nder their charge 
a s each case may require. If two or more 
probation officers are at tached to any coiirt 
of special sessions or city magistrate’s co urt . 
the court or magistrate shall designate the 
o fficer under whose charge each person on 
pi obation shall be p laced. 

LSu|>eriiitendeiit of the ivorklionse; re- 
Rex»ortw h y nuperlntendeiit of 

* <> r ^ **‘1 ^ fiml » h e r i fi* H . 

Sec. 708. [It shall be the duty of the su- 
perintendent of the workhouse.] Where a 
commi tment has been made to the workhouse. 
penitentiary, or - county jail, , under any of 


THE CHARTER OF THE CITY OF NEW YORK 


SI 


the provisions of section seven hundred and 
seven of th is act, except subdivision two 
t hereof, it sh all be the duty of the superin- 
tendent, warden, sheriff, or other person hav- 
ing ^charge of such institution, to ascertain 
from the records [thereof] of the institu- 
tio n under his charge, and from examina- 
tion and- inspection of the person committed 
as aforesaid whether such person has since 
[April fourth, eighteen hundred and ninety- 
five] January first, ninete en hundred and 
two, and within two years next preceding 
the date of his commitment, been previous- 
ly committed to such institution upon con- 
viction of public intoxication, disorderly con- 
duct or vagrancy. Within twenty-four hours 
after the commitment of any such person to 
the workhouse, penit entiary or county jail, 
the said superintendent, warden or sheriff, 
as the case may be. shall make an examina- 
tion and take the measurement of any such 
person according to the system know’n as 
the Bertillon syst em, and shall transmit to 
the commissioner a written [statement,] 
certificate showing the name, aliases, sex. 
age, residence, occupation, height, weight and 
color of the hair of any such person and de- 
scribing [any] the measurements , scars, 
marks [or] deformities, or other signs 
whereby such person may subsequently be 
identified, the date of the commitment, the 
offense for which such person was commit- 
ted and the name of the court or magistrate 
by which or whom [the] such commitment 
was made. Such [statement] certificate 
shall also show whether such person has 
been previously commited to such institu- 
tion within the period, and for any one of the 
causes above specified, and, if so, the num- 
ber of times that such person has been so 
commited during that period, the date of 
the last previous commitment of such person 
for either of said offenses, the name of the 
court or ■ magistrate by which or by whom 
and the oftense for which such last period of 
detention under such last previous commit- 
ment. 

Hecord of i»ernon» oommittod. 

Sec. 709. It. shall be the duty of the com- 
missioner to keep a book or books, card in- 
dex or other register in which shall be prop- 
erly recorded th(; names of all persons [com- 
mitted under section seven hundred and 
seven of this act], whose commitments have 
been certified to him as required by section 
seven hundred and eight of this act, and all 
other facts which shall be certified to him 
[by the superintendent of the workhouse] 
as herein required by the superintendent, 
warden or sheriff having charge of the in- 
stitution to which such persons shall have 
been .committed. Such book or books, index 
or register, are hereby declared to be public 
records and shall be open to public inspec- 
tion. and shall be indexed and kept so as 
to show whether any person [committed 
as prescribed by this chapter] whose com- 
mitments have been so certifie d to him have 
been previously committed after Ja nuary 
first, nineteen hundred and t wo, and within 
two years next preceding such commitment 
for any of the causes herein specified. 

fl'erni of detention to be fixed by eoni- 

iiiinMloner.l Time of dl webnrge; how 

1o be a.Mcertnined. 

Sec. 710. Within three days after the com- 
mitment of any person upon_a_conviction of 
vagrancy or under s ubdivision on e o f sectio n 
seven hundred and seven of this act [as here- 
in provided] it shall be the duty of the com- 


missioner to ascertain from the aforesaid rec- 
ords whether such person has been commit- 
ted to the workhouse, penitentiary or county 
jail after [April fourth, eighteen hundred 
and ninety-five], January first, nineteen 
hundred and two , and within two years next 
preceding the date of such commitment, for 
public intoxication, disorderly conduct or 
vagrancy, and to make a written order speci- 
fying the date at which such person shall be 
discharged, as follows, namely: In the case 
of a person who has not previously been 
committed for any one of the offenses herein 
specified within two years next preceding 
the date of his last commitment and after 
[April fourth, eighteen hundred and ninety- 
first, nineteen hundred and 
t wo, the said order shall direct that such per- 
son shall be discharged at the expiration of 
five days from the date of his commitment; 
in the case of a person who has been com- 
mitted once before within the period of two 
years next preceding the [day] date of his 
commitment and after [April fourth, eigh- 
teen hundred and ninety-five] January 
firs t nineteen hundred and two for 
any of the offenses herein specified, 
the said order shall direct that such 
person shall be discharged at the expiration 
of twenty days from the date of his commit- 
ment. and in case of a person w'ho has been 
committed more than once during the two 
years next preceding the date of his com- 
mitment and after [April fourth, eighteen 
hundred and ninety-five ]_.I^uary first, nine- 
teen hundred and two, for any of the of- 
fenses herein specified, the said order shall 
direct that such person be discharged at the 
expiration of a period equal to twice the 
term of his detention under the last previous 
commitment, but not, in any event, exceed- 
ing [six months] th^ neriod fixed by the 
warrant of commitment, provided, however: 
First, that in a case of a person committed 
upon conviction of vagrancy [the said order 
may direct that the said person shall he dis- 
charged at the expiration of a period to be 
fixed by the commissioner and stated there- 
in. not exceeding six months, and not 
less than the period of detention above speci- 
fied for first and subsequent commitments as 
the case may he] no order for the_discharge 
of such person before the period fixed by 
the warrant of commitment shall be made 
without the written consent, indorsed upon 
such order, of the court or magistrate by 
which or whom such vagrant was commit- 
ted. Second, that whenever the period of 
detention of any such person under his 
last previous commitment shall have ex- 
ceeded the period of detention provided for 
by this section. [(] either by reason of his 
detention on failure to furnish security for 
his good behavior or by reason of [the action 
of the commissioner] the detentior^t^ such 
person upon a conviction of vagrancy, [)] 
beyond the period of detention so provided 
for. or bv ceasing, as hereinafter provided. 
of the right of such person to be discharg ed 
before the expiration of the f.^11 period fixed 
by the original warrant of commitment, then 
such excess of detention under his previous 
commitment shall not be considered by the 
commissioner in determining the date of his 
discharge under the existing commitment. 


w'ith respect to the person thereby discharged 


Third, in 

specifying 

the date at which such 

person shall be discharged, the commissioner 

shall not 

consider 

the records of any in- 

stitution 

than that 

to which such person 

has been 

committed 

1 by the existing com- 

mitment. 

The said 

order shall also contain 


the dates of any of h is previous commitments 
after January first, nineteen hundred and two, 
and within two years next preceding the dale 
of the existing commitment an-d also the 
actual periods of detention under any such 
previous commitments and the said order 
shall forthwith be transmitted to the super- 
inte ndent. w^arden or sheriff having charge 
of the institution to which such person has 
been committed, who shall discharge such 
person accordingl y. It shall be the duty of 
the said su perintendent, warden, or sheriff, 
as the case may be, whenever the date of 
discharge named in such order is more than 
five days from the date of the warrant of 
commitment, to serve within twenty-four 
hours thereafter, a copy of said order and 
section sev en hund red and ten of this act 
upon the person named therein, and- such 
person may, wuthin tw'enty-four hours after 
such service, notify the superintendent, 
warden or sheriff in writin g, that he claims 
the date of discharge named in the said 
order to be erroneous, for the reason that 
he has not in fact been previously committed 
upon one or more of the dates specified in 
said order as those of his previous com^ 
mitments under section seven hundred and 
seven of this act. Upon receipt of suc h no- 
tification. the superintendent, warden or sher- 
iff shall cause such person to be again 
brought before the court or magistrate by 
which or whom he was la st comm itted. If 
such court be not in session, or if such mag- 
istrate be not then sitting, then such per- 
son shall be brought before any magistrate 
sitting in the borough in which such per- 
son was last committed. No such person 
shall be so brought before the court or magj 

istrate. except upon tw^enty-four hours’ no- 
tice and after an opportunity has been given 
him to retain counsel and subpena such wit- 
nesses as he desires. It shall be the duty of 
the court or magistrate before w'hich or 
w'hom such person is brought, thereupon to 
hear and determine t he question whe ther 
such person has in fact been previou sly com- 
mitted at the dates an d detained for th e 
periods named in said order, and to make 
an order modifying said ord er so as to pro- 
vide for a date of discharge under t he last 
commitment, in accordance with the facts 
and according to the provisions established 
by this section for the guidance of the com- 
missio ner. if upon the hearing, the said 
court or magistrate shall determine 
facts recited in the said order are true, he 
shall make a written finding to that effect 
and thereupon any right of the prisoner to 
be discharged before the expiration of the 
lull period fixed by the original warrant of 
commitment shall cease, and the said prls- 
oner shall be det.Tined until the expiration 
of said period. The date of any order made 
I pursuant to this section and the name of 
the pei’oou whose period of detention is fixed 
thereby, and the period of detention therein 
specified shall be entered in the records re- 
quired to be kept by section seven hundred 
and nine of this act, and the said order shall 
forthwith be transmitted to the superinten- 
dent of the workhouse. Upon the expiration 
of the term of detention of any such person 
[specified therein] and upon the discharge 
of the person named therein, it shall be the 
duty of such superintendent, warden or 


82 


THE CHARTER OF THE CITY OF NEW YORK. 


sheriff, as the case may he, forthwith to 
return such order, with a written order, with 
a written certificate indorsed thereon, speci- 
fying the date of the discharge of the per- 
son named therein, to the commissioner, who 
shall preserve the same as a public record. 

Dixclifirgc of persoii.s coiiiinitteil. 

Sec. 711. In any case where a person has 
been committed under subdivsion three of 


section seven hundred .'>nd 

seven 

of this 

act, and in any case coming 

under 

■section 


seven hundred and ten' of this act, where the 
[period of detention fl.\ed by the commis- 
sioner shall exceed twenty days and shall 
be less than one hundred and sixty days] 
date of discharge named in the commission- 


er’s 

order 

shall be more than twenty 

days 

and 

less 

than 

one hundred and sixty 

days 

after 

■ the 

date 

of the last warrant of 

com- 


mitment , the magistrate who signed the 
last warrant of commitment may, af- 
ter the expiration of twenty days, di- 
rect the discharge of any person so com- 
mitted, but no such order for mandate] 
shall be granted by any magistrate in any 
case where the order of the commissioner 
has been reviewed by a court or magistrate 
as provided by section seven hundred and 
ten of this act and the facts recited therein 
have been found to be true, n o r shall su ch 
order be granted by any magistrate except 
upon the written certificate of the commis- 
sioner specifying the [period of detention 
fixed] Jate of discharge named by him for 
the person so committed, and upon an affi- 
davit setting forth facts which, in the opin- 
ion of said magistrate, shall justify such 
discharge. The said affidavit and certificate 
shall be filed and preserved with the com- 
plaint upon which such person was last con- 
victed. Upon any subsequent commitment 
upon a conviction of vagrancy or under sub- 
division one of section seven hundred and 
seven of this act of a person so discharged, 
the commissioner shall [fix the period of 
detention] direct the discharge of such per- 
son [at] after the expiration of the term 
for which he would have been detained un- 
der the existing commitment if no such or- 
der [or mandate] had been granted. 


may also transfer and commit or cause to be 
transferred and committed from the city 
prison or either of said penitentiaries to the 
workhouse to be detained and employed 
therein any person who shall have been duly 
committed [to the city prison] th ereto. 

.Vlterntloii and x-opnir of bnlldiiiKS. 

Sec. 713. Whenever the increase of inmates 
in or the proper care and government of the 
institutions in the department shall in the 
judgment of the commissioner render it nec- 
essary or expedient, he shall have power to 
enlarge cr alter the building or buildings oc- 
cupied by such institutions; and he shall also 
have power to make all needful repairs to 
such buildings and the appurtenances thereto, 
provided that an appropriation has been made 
therefor. The commissioner shall when practi- 
cable cause the work of such alterations or 
repairs to be done by persons confined in such 
institutions. 

.\<l<Iitioiinl pfift.s to be six eii <o in- 
■iintes oil diNObnrsc'. 

Sec. 714. In addition to the donations, pro- 
vided by the general laws of the state, to 
be given to inmates of penal institutions upon 
their discharge, the commissioner of correc- 
tion [s] shall donate to each inmate serving 
a term longer than three years the sum of 
five dollars upon his discharge. 

CHAPTER XV. 

UI H K IJICr.VItT.WKXT. 

Title 1. Organization, duties and powers of 

officers and men. 

2. Fires and their extinction. 

3. Prevention of fires; explosives and 

combustible materials. 

4. Fire marshals and investigation of 

origin of fires. 

5. Relief fund and pensions. 

6. Tax upon foreign insurance com- 

panies. 

TITLE 1. 

OUG.WIZ.VTIOX, DLTIKS AXU POWKJIS 

OF ITS OFFICERS .AX D .VIEX. 


Tmimfers of Inmates by x'oiiiiiii.'isioiier. 

[of t'orreefion of Iiimafcs from xiiie 

iiistitiition to another.] 

Sec. 712. The commissioner may transfer 
and commit and cause to be transferred and 
committed from the workhouse to the city 
prison, [penitentiary] or to either of the 
penitentiaries or to any other of the insti- 
tutions in the department, any person com- 
mitted to the workhouse under section seven 
hundred and seven of this act. whenever 
such transfer shall be necessary for the 
proper care and management of such city 
prison, [penitentiary] penitentiaries or 
other institution or for the proper employ- 
ment of such person. The commissioner 
may also transfer and commit and cause to 
be transferred from the workhouse to the 
city prison or said penitentiaries [peniten- 
tiary] any person committed to the work- 
house under section seven hundred and seven 
of this act, whenever, by reason of the hum 
her of offenders actuall.v detained in such 
workhouse at any time, there shall not be 
accommodation therein for all the persons 
committed thereto; and in like manner the 
commissioner may in his discretion transfer 
prisoners from one penitentiary to another 
penitentiary within the department or from 
one district prison to another district prison 
Within the department. The commissioner 


Fire coiiimis.sionei’; sniar.x'. [xxnrrmit 

x'lerk.] 

Sec. 720. The head of the fire department 
shall be called the fire commissioner. [He] 
who shall be appointed by the mayor, and 
hold his office as provided in chapter four 
ct this act. The salary of the fire commis- 
sioner shall he seven thousand five hundred 
dollars a. year. [He may designate in writ- 
ing, to be filed in the offices of the mayor 
and controller, a clerk or chief of a bureau, 
to sign warrants and perform such other 
duties incidental thereto, as may be required 
during the absence, by illness or otherwise, 
of the said commissioner, and for a period 
of time to be designated in said notice.] 
The fire commissioner shall have power to 
appoint and at p leasure remove two deputy 
commissioners, to be known as first deputy 
and second deputy. The first deputy shall 
during the absence or disability of the com- 
missioner possess all the powers and perform 
all the duties of the commissioner, except 
1 he pow er of making appoiiitments. In the 
absence or disability of both t he commlssion- 
er and the first deputy commissioner, the 
second deputy shall possess and perform all 
the duties of the co mmissioner, except the 
power of making appointments. The com- 


missioner shall define the duties of the depu 


ties and mav delegate to either of 

them any 

of his powers 

except the power 

of making 

appointments. 

The salary of each of such 

deputies shall 

be four thousand 

dollars a 


year 

Coiiftol iilal ion of doiinrt iiioii <s; xolnii- 
tecr (Icpartiiicnlw. 

Sec. 722. The officers and members of the 
uniformed force and legally appointed fire- 
men in the corporation formerly known as 
the mayor, aldermen and commonalty of the 
city of New York, and in the city of Brook- 
lyn and in the city of Long Island City are 
hereby made members of the fire department 
of the city of New York, as hereby consti- 
tuted, and shall be assigned to duty therein 
by the fire commissioner, v.dth the rank and 
grade now held by them respectively, as near- 
ly as may be practicable. The paid fire de- 
partment system shall, as soon as practi- 
cable, be extended over the boroughs of 
Queens and Richmond, by the fire commis- 
sioner, and thereupon the present volunteer 
fire departments now maintained therein shall 
be disbanded. Any real property and likewise 
any apparatus, equipment or other personal 
property owned or used by said volunteer 
forces which may be deemed useful or neces- 
sary for the use of the fire department shall, 
upon extension of the paid system to the 
beroughs of Queens and Richmond, respec- 
tively, be purchased by the fire commission- 
er at the reasonable value thereof. In the 
meantime, and until the said paid fire de- 
partment shall be extended over said ter- 
ritory as herein provided, said volunteer fire 
companies shall continue to discharge the 
duties for which they have been associated 
or incorporated, and said companies shall re- 
ceive from the city such sums as are now 
awarded to them by the villages or towns 
In which they are respectively located, ex- 
cept that in the borough of Richmond 
there shall be paid on the first day of June 
in each year to the treasurers of the sev- 
eral volunteer fire companies, by the con- 
troller of the city of New York, the follow- 
ing sums: To the treasurer of au 

engine company twelve hundred dol- 
lars, to the treasurer of a hook and 
ladder company ten hundred dollars, to 
the treasurer of a hose company eight hun- 
dred dollars, and to the treasurer of a pa- 
trol company eight hundred dollars. When- 
ever hereafter the paid fre department shall 
be extended into any part of the territory of 
the city of New York, as hereby constituted, 
in which now or nereafter there shall exist 
a volunteer fire department, such members 
of said volunteer fire department in said lo- 
cality as may be in active service shall, so 
far as practicable, be preferred ter appoint- 
ment a.s firemen In the paid department and 
the volunteer benevolent associations existing 
within said territory shall possess all the 
privileges, and be entitled to all the rights 
now conferred by law on such associations. 
The cert ificate of incorporation of any new 
volunteer fire company in the City of New 
York shall, in addition to the requirements 
therefor provided in the general laws of the 
state, also require the approval of the fire 
commiss ioner . 

Tren.snrer. 

Sec. 723. The fire commissioner shall be the 
treasurer of the fire department, and shall 
file in the office of the controller a bond in 
the sum of one hundred thousand dollars for 
the faithful performance of his duties as 
such treasurer. 


J 


THE CHARTER OF THE CITY OF NEW YORK. 


83 


P«> «crs. 

Sec. 724. The fire commissioner shall possess 
snd e.\ercise fully and exclusively all powers 
and perform all duties for the government, 
management, maintenance and direction of the 
fire department of the city, and the premises 
and property thereof. The said department 
shall have sole and exclusive power and au- 
thority to extinguish fires in said city. All 
real estate, fire apparatus, hose, implements 
tools, bells and bell towers, fire telegraph and 
all property, of whatever nature, in use by the 
firemen or fire department of the city, be- 
longing to said city, shail be in the keeping 
and custody of the fire department, and for 
the use of said department. But the said 
property shall remain the property of the city 
of New York, subject to the public uses ol 
said department, as aforesaid and for the pur- 
poses provided by this chapter.. And when- 
ever any of the said property shall no, longer 
be needed by the said department for the pur- 
poses of this chapter the commissioner shall 
surrender the same to the city. 

Horses, apparatus, etc., to be provided. 

Sec. 725. The fire commissioner shall, sub- 
ject to the other provisions of this act, have 
full power to provide supplies, horses, tools, 
implements and apparatus of any and all kinds 
(to be used in the extinguishing of fires) and 
fire telegraphs, to provide suitable locations 
for the same and to buy, sell, construct, re- 
pair and have the care of the same, and take 
any and all such action in the premises as may 
be reasonably neces-sary and proper. 

To conirol and inniiagre property, etc. 

Sec. 726. The fire commissioner shall pos- 
sess and exercise full and exclusive power and 
discretion tor the government, management, 
'.aaintenance and direction of the several 
buildings and premises and bell towers and 
property and appurtenances thereto, and all 
apparatus, hose, implements and tools of any 
and all kinds which may belong to or bt 
in the use of the said department. 

Bureaus. 

Sec. 727. The fire commissioner shall have 
power to organize the fire department into 
such bureaus as may be convenient aud 
necessary for the performance of the duties 
imposed upon him. One bureau shall be 
charged with the duty of preventing and ex- 
tinguishing fires and of protecting property 
from water used at fires, the principal officer 
of w'hich shall be called the “chief of de- 
partment.” Another bureau shall be charged 
with the execution of all laws relating to 
the storage, sale and use of combustible 
materials, the principal officer of w'hich shall 
be called “inspector of combustibles.” The 
salary of said inspector of combustibles shall 
be $3,000 a year. Another bureau shall be 
charged with the investigation of the origin 
and cause of fires, the principal officers of 
which shall be called “fire marshals.” A 
branch of said bureau shall be located in the 
borough of Brooklyn. 

Selection of subordinates. 

Sec. 728. The fire commissioner shall have 
power to select heads of bureaus and assist- 
ants and as many officers and firemen as may 
be necessary, and they shall at all times be 
under the control of the fire commissioner 
and shall perform such duties as may be 
assigned to them by him, under such names 
or titles as he may confer; provided, how- 
ever. that assignmenu to duty and promo- 
tions in the uniformed force shall be 
made by the fire commissioner upon 
the recommendation of the chief of de- 
partment, and in case any recommendation 


so made by the chief shall be rejected, he 
shall, within three days, submit another 
name or names, and continue so to do until 
the assignment or promotion is made. Pro- 
motions of officers and members of the force 
shall b e made by the fire commissioner as 
provided in section one hu ndred and twenty- 
four of this act on the basis of seniority, 
meritorious service in the department and 
superior capacity as shown by c ompetitive 
examination. Individ ual acts o f personal 
bravery may be tr eated as an element of 
meritorious service in such examination, the 
relative rating therefor to be fixed by the 

municipal civil service commission. T he fire 
commissioner shall transm it to the municipal 
civil service commission i n advance of such 
examinati on the complete record of each can- 

didate for promotion. 

liOentlon of fire alarm telea'rn|»li. etc.; 
penalty for Interference tliereivitli. 

Sec. 729. The fire commissioner shall have 
exclusive right and power from time to time 
to designate and fix the location of all fire- 
alarm, telegraph, signal and alarm stations 
in the city, and to have access to and the 
control of the same for the purposes of the 
department, to fix upon and adopt the colors 
or combination of colors in painting the poles, 
boxes and fixtures thereof, and the kind or 
style of keys and appliances by which to op- 
erate the same; to select and designate the 
places of deposit for keeping the keys of the 
various stations, and to designate the officers 
and persons who shall be Intrusted with du- 
plicate keys and authorized to use the same, 
and to make from time to time such rules and 
regulations governing the possession, re- 
turn, or use thereof, and as to the use and con- 
trol of said telegraph, as he may deem 
necessary; and no person other than the said 
commissioner or the officers and employes 
specially authorized to operate said telegraph, 
or to use the same for instruction or drill, or 
policemen or citizens using the same for com- 
municating an actual alarm of fire, shall make 
use thereof; and no person shall use the keys 
or appliances thereof for communicating a 
false alarm, or experimenting or tampering 
with the same for any purpose whatever, or 
have or possess any key thereof, without such 
authority; and no person, association, corpo- 
ration, or company, shall post, paint, impress, 
or in any way affix to any pole connected with 
said fire-alarm telegraph, or any box, wire, or 
other appliance connected therewith, any plac- 
ard sign, broadside, notice, or announcement 
of any kind, or cut, mutilate, alter, mar, de- 
face, cover, obstruct or interfere with the 
same in any manner whatsoever or paint or 
cause to be painted, the poles of any other 
telegraph, or any other poles on the lines there- 
of, of a similar color or colors, or in imitation 
thereof, nor consent, allow, or be privy to any 
of said’ things being done for them or upon 
their behalf; and any cflense against the pro- 
visions of this section shall be punished as a 
misdemeanor, and subject the party or parties 
violating the same to an additional penalty 
of $100. No kite shall be flown, raised, oi 
put up in the streets or avenues adjacent to 
the lines of said telegraph, or allowed to be- 
come entangled with the wires or apparatus 
of said telegraph, under a penalty of $10 for 
every such offense; and the police board and 
their officers are specially charged and di 
rected to aid in the enforcement of this sec- 
tion. 

Business oHiees; seal. 

Sec. 730. The said fire commissirncr shali. 
subject to the ether provisions cf this act. 
provide such offices and business accommo- 


dations as may be requisite for the transac- 
tion of the business of the department anri 
that of its subordinates. The commissioner 
may adopt a common seal and direct its 
use. 

Suit.*! and iicliniiM. 

Sec. 731. The fire commissioner is hereby 
authorized, empowered and especially charged 
with the duties of enforcing the several pro- 
visions of this chapter; [and may, subject to 
the other provisions of this act, incur any ex- 
pense necessary and proper therefor;] and 
said fire commissioner is hereby authorized and 
empowered to receive and collect all license 
fees mentioned in this chapter, and to kiie ^ 
for, and shall have the exclusive right of 
recovery of, any and all penalties imposed un- 
der this chapter, and may sue for and re- 
cover and collect the same, with costs, in 
the manner provided for in actions under 
the code of civil procedure, and shall apply 
the same to the uses and purposes of the re- 
lief fund of the fire department in the city of 
New York, and the said fire commissioner 
may bring any suit or action for the enforce- 
ment of its rights and contracts, and for 
the protection, possession and maintenance 
of the property under the control of said de- 
partment, and any action to recover any fee. 
fine or penalty under this chapter may be 
brought in any of the municipal courts in said 
city, and the assistant corporation counsel 
assigned to the fire department snail, under 
the direction of the fire commissioner, take 
charge of the prosecution of all suits or 
proceedings instituted for the recovery and 
collection of penalties, .and the enforcement 
of the several provisions of this chapter; 
collect and receive all moneys upon judg- 
ments, suits or proceedings so instituted; 
pay all costs and disbursements, and discon- 
tinue suits and proceedings and execute sat- 
isfaction of judgments upon payment of pen- 
alties or costs, and in compliance with orders 
made in such suits and proceedings; shali 
keep a correct and accurate register of all 
suits and proceedings, and account for all 
moneys received and paid out thereon; and 
shall pay over to the treasurer of the relief 
fund the amount of all license fees, penalties 
and moneys received and collected by him, 
and the said fire commissioner is authorized 
to settle or compromise any such suit or 
judgment for less than the amount of the 
same, in case, in his judgment, he is satis- 
fied that the full amount cannot be collected. 

Members of force <o decline nomina- 
tions to otilee. 

Sec. 732. Any officer or member of the uni- 
formed force of said department who shall 
be publicly nominated for any office, elect- 
ive by the people, and who shall not decline 
the said nomination within ten days succeed- 
ing notice of the same, shall be deemed to 
have vacated his office in the fire department. 

I'nifornis and badges. 

Sec. 733. It shall be the duty of the fire 
commissioner to make suitable regulations 
under which the officers and men of the 
fire department shall be required to wear an 
appropriate uniform and badge, by which in 
case of fire and at other times the authority 
and relations of such officers and men in said 
department may be known as the exigency 
of their duties may require. No employee of 
any contractor for the making of uniforms 
for the fire departm ent shall have an office 
within the said fire department. It shall be a 
misdemeanor, punishable by imprisonment for 
a period of not less than sixty days, for a 
person not enrolled or employed, or appoint- 
ed by the said department, to wear the whole 
or any part of the uniform or insignia pre- 


THE CriAin'EU OF THE CITY OF NEW YORK:, 




■rribcd to be worn by the rules cr regula- ] any offanee. Officers and members of tbe 
tloDs of the fire department, or do any act j uniformed force e'hall be removable only af- 
«s fireman not duly authorized by the com- | ter written charges ehaii have been preferred 
missioner, or to interfere with the property j against them, and after the chargee shall have 

' been pu'blicly examined into, upon such rea- 
sonable notice of not less than forty- 


or apparatus of the fire departmtnt in any 
manner unless by the authority of the fire 
commissioner. .\ny person who shall false- 
ly represent any member of the uniformed 
force of the fire department, or who shall 
maliciously, with intent to deceive, use, or 
Imitate any of the signs, fire cap.s, badges, 
signals or devices adopted or used by the 
said department, shall be deemed guilty of a 
misdemeanor, and shall be subject to a fine 
of not less than S25 or more than ?250. and 
to imprisonment for a term not less than ten 
days, or more than three months, such fines 
when collected to be paid over to the trus- 
tees of the New York fire department relief 
fund. 

Qniilificntionn of force. 

Sec., 734. No person shall be appointed to 
membership in the fire department or con- 
tinue to hold membership therein, who is not 
a citizen of the United States, or . who has 
ever been convicted of felony; ncr shall any 
person be appointed who cannot read and write 
understandingly [in] the English language, 
•r who shall not have resided within the state 
one year immediately prior to his appoint- 
ment, or who is not over the age of twenty-one 
and under the age of thirty years. Every 
member of the unif ormed force shall reside 
within the limits of the cit y of New York. 

ncsig'nntinns aiiU nl>.scnce.s. 

Sec. 735. No member of the fire department 
ahall, under penalty of forfeiting the salary 
or pay which may be due to him, withdraw or 
resign, except by permission of the fire com- 
missioner. Unexplained absence, without 
leave, of any member of the uniformed force, 
for five days, shall be deemed and held to be 
a resignation by such member, and accepted 
as such. 

IMIlltary and jury duty; arrest. 

Sec. 736. No person holding office under this 
department shall be liable to military or jury 
duty, nor to arrest on civil process, or, whilst 
actually on duty, to service of subpenas from 
civil courts. 

'I\’nrrants of apiioiiitnient. 

Sec. 737. Every member of the uniformed 
force shall have issued to him a proper war- 
rant of appointment signed by the fir.e com- 
missioner. 

Oaths of olHce. 

Sec. 738. Each member of the uniformed 
force shall take an oath of office, and sub- 
scribe the same before an officer of the de- 
partment empowered to administer an oath. 

Dtsciiiliiie, etc. 

Sec. 739. The government and discipline of 
the fire department shall be such as the fire 
commissioner may, from time to time, by rules, 
regulatione and orders prescribe. The fire 
commissioner shall have power, in his dis- 
cretion, on conviction of a member of the 
force of any legal offense or neglect of duty, 
cr violation of rules, or neglect or disobedi- 
mee cf ordere, or incapacity, or absence with- 
out leave, cr any conduct injurious to the 
public peace or welfare, or immoral conduct, 
or conduct unbecoming an officer cr member 
or other breach of discipline, to punish the 
offending party, by reprimand, forfeiting and 
withholding pay for a specified time, or dis- 
missal from the force; but no more than ten 
**78’ pay shall be forfeiied and withheld for 


eight hours to the person charged, and in 
such manner of examination as the rules and 
reguiatloas of the fire commissioner may pre- 
scribe. The trial of any member of the uni- 
formed force upon char ges chall be h eld in 
the borough w'ithi n which the accused mem- 
ber was serving at the time the charge was 
preferred. The examination into such charges 
shall be conducted by the fire commissioner: 
or by a [the] deputy eommissioner; but 
no decision shall be final or be enforced, 
until anproved by the fire commissioner. 
[No] Neither the fire commisioner nor 
any denutv fire commissioner nor any 
member of the uniformed force shall be 
permitted to ccniribute any mcneys directly 
or indirectly to any political fund, or to join 
or become or be a member cf any political 
club or association, cr of any c.ub cr associa- 
tion intended to affect legislation for or on 
behalf of the fire department or any officer 
or member thereof, cr to contribute any 
money directly or indirectly for such purpose. 
The rules and regulations now [established 
in the respective fire departments of the city 
of New York, the city of Brooklyn and Long 
Island City.] in force shall continue in force 
until modified or repealed by said commis- 
sioner. The rules and regulations of the fire 
department [when] as established ^om time 
to time by the fire commissioner, shall be 
printed, published and circulated among the 
offlcer.s and members of said department. 

(irndes. raiik« niiil Mnlnries of olllcers 

nn«l iiienil»oi-s of the uniforiiicd force. 

Sec. 740. The ranks and salaries of officers 
of the fire department shall be as follows: 
Chief of department, whose annual salary 
shall be not mere than six thousand dollars 
[nor less than five thousand dollars] ; deputy 
chiefs of department, whose annual salary shall 
not be more than four thousand two [five] 
hundred dollars [nor less than three thousand 
five hundred dollars]; battalion chiefs, whose 
annual salary shall be not more than three 
thousand three [five] hundred dollars [nor 
less than two thousand seven hundred and 
fifty dollars] ; captains or foremen of com- 
panies, whose annual salary shall be not 
more than two tliouEand_one [five] hundred 
and sixty dollars [nor less lhan eighteen 
iiunTred dollars] : lieutenants or assistant 
foremen of companies, whose annual salary 
shall be not more than eighteen hundred dol- 
lars [nor less than one thousand five hundred 
dollars] ; engineers of steamers, whose annual 
salary shall be one thousand six hundred 
dollars. From and after January first, eigh- 
teen hundred and ninety-eight, the uni- 
formed members of the fire department who 
are firemen shall be divided into four grades, 
to wit. first, second, third and fouixh. and 
.*all receive an annual pay or compensation 
as follows: Members cf the first grade, four- 
teen hundred dollars; members of .the second 
grade, twelve hundred doll.\rs; members of 
the third grade, one thousand dollars, and 
members of the fourth grade, eight hundred 
dollars. The members of the uniformed 
force who are appointed after January 
1, 1898, shall be assigned fo the 
fourth grade, after one year of serv- 
ice in the fourth grade they shall be 
advanced to the third grade; after one year of 
service in the third grade they sball be ad- 
vanced to the second grade; after one year of 


service in the second grade they shall he ad- 
vanced to the first grade: and tfiey shall in 
each instance receive the annual pay or com- 
pensation of the grade to which they 
belong as herein provided. Ail persons 
who, when this act takes effect, . are 
firemen of the uniformed force of the 
fire department of the corporation heretofore 
known as the maycr, aldermen and common- 
alty of the city of New York, or of the city 
of Brooklyn, or of the corporation heretofore 
known as Long Island City, shall thereupon 
become firemen of that grade having a sal- 
ary thereto attached equal to the salary or 
compensation paid such firemen, respectively, 
at the time of the taking effect of this act; 
provided, however, that any such fireman who 
has been a member of the uniformed force in 
the city of Brooklyn, or in Long Island City, 
whose salary fails between any two of the 
grades hereby established, shall within three 
years have his salary made equal to the sal- 
ary of the first grade by equal annual addi- 
tions. Nothing in this section contained shall 
■be construed to change in any way. the salaries 
or grading, present or prospective, of ,the 
firemen who are or shall become members of 
the uniformed force of the New York fire de- 
partment prior to January 1, 1898; and nothing 
In this section contained shall he construed 
to affect in any other way than as provided 
herein the rights and privileges secured un- 
der the provisions of this act to uniformed 
members cf the various fire departments 
consolidated into one department by this act. 

The pay or compensation of the officers of 
the fire department and each cf them men- 
tioned in the first paragraph of this section, 
and also the pay or compensation of district 
engineers and officers ranking as such, and 
of any other officers who, when this act takes 
effect, belong to the unitermed force of 
either cf the fire departments hereby con- 
solidated into cne department, shall be and 
remain fixed at the amount which they and 
each of them were severally receiving or 
entitled to receive from the respective muni- 
cipal corporations in whose employ they were 
prior to the taking effect of this act; provided, 
however, that the salaries of all such officers 
In either of said fire departments other than 
the New York department, so consolidated 
into cne department, shall be m^de equal 
the salaries of corresponding officers in said 
New York department, within three years 
from January 1, 1898, by equal annual addi- 
tions; and provided further that if the differ- 
ence in the pay received by such officers and 
the pay received by corresponding officers of 
the New York fire department as heretofore 
existing, is not more than $50, when this act 
takes effect the pay shall be equalized at once. 
The pay or compensation aforesaid shall be 
paid monthly to each person entitled thereto, 
subject to such deductions each month from 
the pay or compensation o-f said persons as 
are or shall be authorized by law' or by this 
act; and no pay or compensation shall be 
allowed or paid to any such fireman or offi- 
cer, except as in this section provided for and 
declared, any other law to the contrary, or 
otherwise notwithstanding. 

Police <le|>>irtniciit l€> co-0|»ernle. 

Sec. 741. It shall be the duty, of the fire 
department and of the police department, 
their respective officers and men, to co- 
operate together in all proper ways, and the 
said police department and fire departmenc 
may respectively provide tor protection 
against fire and for the arrest of all persons 
who may. at or near any fire, commit or at- 
tempt to commit any crime against the laws 
of this state, or violate any rule or regula- 
tion of said police department or fire de- 
partment. 


) 


THE CHARTER OF THE CITY OF NEW YORK. 


85 


TITLE 2. 

FIRKS \\D THKIR EX'I'INCTIOV. 
RiK'ht of %vuy; 

See. 748. The officers and men of the fire 
department, and the offlcers and men of the 
insurance patrol respectively with their ap- 
paratus of all kinds, when on duty, shall have 
the right of way at. and in proceeding to, any 
fire, in any highway, street or avenue, over 
any and all vehicles of any kind, except those 
carrying the United States mail. .‘\nd any 
person in or upon any vehicle who shall he- 
fuse the right of way, or in any way ob- 
struct any fire apparatus, or any apparatUiS of 
the insurance patrol, or any of said officers 
and men while in the performance of duty, 
shall be guilty of a misdemeanor, and be lia- 
ble to punishment for the same. 

on rttil«a.v trueUfi. 

Sec. 749. The fire commissioner is empow- 
ered to provide for the laying over the rail- 
way tracks of the city, the hose used by the 
department for the extinguishment of fire, by 
such hose bridges as he may deem necessary. 
The various railway companies operating ca;*s 
within the limits of tho city of New York as 
constituted by this act. shall provide pay for 
and use such hose bridges as may be desig- 
nated by the said commissioner. 

Fire Iiydrniits not to be obslrueleil- 

Sec. 750. No person shall in any manner ob- 
struct the use of any fire hydrant in said city, 
or allow any snow or ice to be thrown or piled , 
upon or around the same, or have or place, j 
or allow to be placed, any material in front 
thereof, from- the curb line to the center of 
the street, and to within ten feet from either 
side thereof, and all snow and ice accumu- 
lating within such space shall be removed by 
the owner or owners, lessee or lessees, of the 
premises fronting the same in the same man- 
ner as is prescribed for the keeping clear of 
the sidewalk, under a penalty of $10 for each 
and every such offense; and any and all ma- 
terial found as an obstruction, as aforesaid, 
may be forthwith removed by the officers or 
employes of said department, and at the risk, 
cost and expense of the owner or claimant, 
and said fire commissioner may take all prop- 
er measures to keep said hydrants from freez- 
'ing. and in proper condition for use at all 
I times. 

SnpiiefH aiitl niliiorw. 

Sec. 751. The fire commissioner is hereby 
I empowered and directed to mainta.n in the 
I fire department a corps to be known as the 
! corps of sappers and miners. Said corps shall 
' be composed of not exceeding three members, 
either officers or private firemen, of each com- 
pany in said fire department, and said mem- 
bers shall be appointed by said commissioner, 
upon the nomination of the chief of depart- 
ment. The said commissioner shall appoint 
' a suitable officer, who shall be skilled in the 
1 use of explosives, whose duty it shall be to 
Instruct and drill said corps in the use of ex- 
plo«dves, and to give said corps such other 
instruction as may be required to qualify 
them to effectually discharge the duties im- 
posed upon them by this title. Such officer 
shall receive an annual salary of $2,000, and 
such salary shall be raised and paid in the 
same manner as the salaries of the other offi- 
cers appoinceu oy saia commissioner. 

I<l,; dutlOM of. 

Sec. 752. Whenever, under and by virtue of 
the acts relating to the extinguishment of 
fires in the city, the destruction or pulling 
4own of any building or buildings shall be 
4eemed necessary and shall be ordered by the 


officer in command at any fire in said city, 
It shall be the duty of said corps, or any 
member or members thereof, by the direction 
of said officer in command at such fire, to 
level and destroy such building or buildings, 
by the use of explosives, for the purpose of 
arresting the spread of such fire, and it shall 
be lawful for them to enter and take posses- 
sion of the same for such purposes. 

Explo.sives: depolM for sloruue of. 

Sec. 753. The fire commissioner shall estab- 
lish in the city of New York, one or more 
depots for the storage and safe keeping of 
such explosives as may be required for the 
use of said corps, .and may limit the quauiity 
of any such explosives to be kept at any one 
of such depots. 

I*ullliijr down tf* i»reveiit 

spread of tire. 

Sec. 754. When any building or buildings in 
the city of New York shall be on fire, it shall 
be lawful for the fire commissioner to direct 
and order the same, or any other building 
which he may deem hazardous, and likely to 
take fire, or to convey the fire to ether build- 
ings, to be pulled down or destroyed. Upon 
the application of any person interested in 
such building so pulled down or destroyed, 
or its contents, to the supreme court, 
in and for the county or any ad- 
joining county. in the judicial depart- 
ment within which such building is situated, 
it Shall be its duty to i.ssue a precept for a 
! jury to inquire into and assess the damages 
I which the owners of such building and all 
I persons having an estate or interest therein 
lor in the' contents thereof, have respectively 
I sustained by the pulling down or -destruction 
' [thereof] of said building or Us contents. 
Such [which] precept shall be issued, 
airecied. executed, returned and proceed- 
ed upon, and the proceedings thereon 
shall take effect, as nearly as may be. in 
such manner as is provided in the case of land 
taken for public purposes; and. the said in- 
* quiry and assessment having been confirmed 
I by the court, the sums assessed by the jury 
I shall be paid by the city of New York tp the 
! respective persons in who-se favor the jury 
shall have assessed the same, in full satisfac- 
tion of all demands of such persons respective- 
ly, by reason of the pulling down or destruc- 
tion of such building or its contents; and the 
court before whom such process shall be re- 
turnable shall have power to compel the at- 
tendance of jurors and witnesses upon any 
such assessment of damages. 

Idle i»erN«>ns. eU*., may he reiiio'ert 
fire.H. 

Sec. 7.55. During the actual prevalence of 
any fire, it shall and may be lawful for the 
officers of the police and fire departments 
to remove, or cause to be removed and kept 
away from the vicinity of such fire all idle 
and suspicious persons, and all persons not 
fit to be employed or not actually and use- 
fully employed, in their judgment, in aiding 
the extinguishment of such fire or in the 
preservation of property in the viciniiy there- 
of. 

TITLE 3. 

PR E\ ENTION RF FI RIOS — K \ I*IjOSI V FS 
A.M> < OMBl STIBIvM UA'I'ER I A l,S. 

IIolMlWHyw, Iron Mliiillers, ete., t<» he 

eloKecl, 

Sec. 761. All hoistways, well holes, trap 
doors and iron shutters shall be closed at the 
completion of the business of each dav by the 
occupant of the building having use or control 
i of the same, and in ca.se of a violation of this 
] provisionsuchoecupantshavingthe use orcon- 
! trol thereof shall forfeit and pay a penalty of 


$50 for each and every neglect or omission so 
to do. And for any accident or injury to lifo 
and limb, resulting directly or indirectly from 
any neglect or omission to properly comply 
with any of the requirements of this section, 
the person or persons culpable or negligent in 
respect thereto shall be liable to pay any offi- 
cer, agent or employe of said fire department 
injured, or whose life may be lost [restilling 
from such neglect or omission] while in the 
discharge cr performance of any duty imposed 
by said commissioner, or to the wife and chil- 
dren, or to the parents, or to the brothers and 
sisters, being the surviving heirs at law of any 
deceased person thus having lost hi.s life, a 
sura of money, in case of injury to person, not 
less than $1,000, and in case of death not less 
chan $5,000. such liability to be determined 
and such sums recovered in an action to be in- 
stituted by [said fire commissioner for and In 
behalf of] any person Injured, or the family 
or relatives of any person killed as aforesaid; 
and any anS ail persons for any fire, resulting 
from his or their willful or culpable negli* 
gence or criminal intent or design, shall, in ad- 
dition to the present provisions of law for th# 
punishment of persons convicted of arson, 
be liable in a civil action for the payment of 
any and all damages to the person and prop- 
erty, the result of such fire, and also for th* 
paynieui of all costs and expenses of said fire 
department iucurred in and about the use of 
employes, apparatus and mc.terials in the ex- 
tinguishment of any fire resulting from such 
cause, the amount of such costs and expenses 
to be fixed by said commissioner, and when 
collected shall be paid into the relief fund of 
said department herein created; and shall also 
be liable fo" injury to person or loss of lif# 
of any officer, agent or employe of said flro 
department in the same manner and like ex- 
tent. and to be sued for in like manner as in 
the preceding part of this section provided for. 

(’riiiiiiial iiul>ility if tioxitli resiiltM friiiii 

violation of foi*o{^'oi ii;^' rules. 

Sec. 767. In case any person is burned by the 
explcsicn cf any compound, the sale of which 
is prohibited by any law or ordinance [sec- 
tion of this title], cr which has not been 
subjected to sanitary survey, or licensed as 
therein provided, and death ensues there- 
from, the person found guilty of selling the 
same shall be deemed guilty of a felony, and, 
upon oonvictiou, shall be punished by a fine 
of not less than one thousand dollars, nor 
more than five thousand dollars, or by iin- 
j)rlsonmeiiL in the state prison for a term 
not less than one year nor more than five 
years; and in case of a bodily injury the 
party injured may maintain an action for 
damages against the party violating the 
provisions of this title. Any dealer who 
shall present and deliver for sanitary survey 
a sample of oil different from, and which 
does not represent the quality of oil actually 
kept by him cr her for sale, and not taken 
from the actual stock being offered for sale, 
and of the same quality therewith, shall for- 
feit and pay :he sum of fifty dollars. If any 
fire insurance company, organized under th® 
laws of this state, cr any insurance company 
of any other state, or any foreign insuranc® 
company authorized to do the ousiness of in- 
surance in this state, shall indorse upon any 
policy issued by them fhe right or privilege 
to keep, deal in. give away. sell, or use any 
article or compound of a combusti'ble or ex- 
plcsive character, the sale of which is made 
unlawful [by any an of the legislature of 
this state.] or shall rause or permit such 
indorsement to be made by others upon their 
policies of insurance, they shall for each and 
every such offense forfeit and pay a fiu* 
five hundred dollaDi. 


8(3 


THE CHARTER OF THE CITY OF NEW YORK, 


Klerlit <« enter huildingr.o, ete., for pnr- 

poHes of exnniiiiatlon. 

Sec. 771. The commissioner and his offi- 
cers or agents, under the direction ot the 
commissioner, or either ot them, are hereby 
empowered at any and all times to enter into 
and examine all buildings, dwelling houses, 
livery and other stables, hay boats or ves- 
sels and places where any merchandise, 
gunpowder, hemp, flax, tow, hay, rushes, 
firewood, boards, shingles, shavings or oth- 
er combustible materials may be lodged, for 
the purpose of ascertaining all violations of 
any law or ordinance [of the provisions of 
this title], and also the places where ashes 
may be deposited, and upon finding that any 
of them .are defective or dangerous, or that a 
violation of any law or ordinance [this 
title] exists therein, may deliver a written 
or printed notice, containing [an extract 
from (his title,] a copy of the provisions in 
reference thereto, and notice of any violation 
thereof, and notice to remove, amend, or 
secure the same within a period to be fixed 
therein. And in case of neglect or refusal on 
the part of such occupant or of the possessor 
of such combustible materials, or any of 
them, so to remove, amend, or secure the 
same within the time and in the manner di- 
rected b,v the said commissioner in such no- 
tice, the party offending shall forfeit and pay, 
in addition to any penalty otherwise imposed, 
the sum of twenty-five dollars, and the fur- 
ther sum of five dollars for every day's neg- 
lect to remove, amend, or secure the same 
after being so notified. All the expenses of any 
removal, alteration or amendment as afore- 
said, shall be paid in the first instance by the 
occupant, but shall be chargeable against the 
owner of such dwelling house or other build- 
ing. and shall be deducted from the rent of 
the same, unless such expense be rendered 
necessary by the act or default of such occu- 
pant, or unless there be a special agreement 
to the contrary between the parties. 

Infuriiiatioii to be f urn ialied by- lioltl- 

erK of i>eriui(!i. 

Sec. 772. Ail persons or corporations who 
shall be required to have and obtain permits 
shall furnish such information as may be re- 
quired, touching the condition of any build- 
ing and the business therein proposed to be 
conducted, preliminary to obtaining sucb per- 
mits. 

TITLE 4. 

FIRE >I.4RSH.4I,S AND 1 \ VESTIG NTION 
OF ORIGIN OF FIRE.S. 

IiiTeNtig'ution of lires, ete. 

Sec. 779. The fire commissioner is hereby 
authorized to appoint and remove a fire mar- 
shal ior -.he uoroughs of Ivianhattan, the 
Bronx and Richmond, and a fire marshal to be 
seated in Brooklyn and to exercise his powers 
within the boroughs of Brooklyn and Queens. 
Said fire marshals shall, within such bor- 
oughs. respectively, to which they may be as- 
•igned, have and possess all the powers here- 
tofore conferred by law upon the fire marshal 
of the corporation heretofore known as the 
mayor, aldermen and commonalty of the city 
of New York. The salary of each of said 
fire marshals shall be |3,000 a year. The fire 
commissioner, himself, or by said marshals. 
Is hereby authorized and empowered to inves- 
tigate. examine and inquire into the origin, 
details and management of fires in the city, 
and also of any supposed cases of violations 
of any of the provisions of this chapter or of 
any of the several regulations, orders, or 
special directions issued by the fire commis- 
■ioaer for the purpose of the discovery of any 


delinquency in the non-performance ot duty 
or violation of discipline on the part of any 
officer, agent or employe of said fire depart- 
ment, or any supposed cases of arson or in- 
cendiarism, which may be brought to his no- 
tice; and said fire commissioner in and about 
any examination, investigation or Inquiry be- 
fore him or his marshals, touching any mat- 
ter or thing therewith connected, may sub- 
pena and compel the attendance of any per- 
son or persons, and the production of any 
books, papers, archives, or documents in his 
or their possession, or under his or their con- 
trol, in the judgment of the fire commissioner 
connected with and necessary to such exami- 
nation, investigation, or inquiry, before him 
or his marshals, at the time and place therein 
named; and for the purpose aforesaid the cor- 
poration counsel may, at any time, obtain to 
be issued subpenas out of the supreme court, 
tested under the name of a justice of said court, 
in like form and with like effect as though 
issued by said justice in any action pending 
in a court ot record, and said subpena may 
be served, and proof of such service may be 
made, in the same manner as now by law pro- 
vided for the service of subpenas out of said 
court; and upon proof of service and proof of 
non-compliance, failure to attend and testify 
on the part of any person or persons, as re- 
quired by said subpena, or failure or refusal 
on the part ot any person or persons to pro- 
duce any such books, papers, archives, or doc- 
uments, in his or their possession, or under 
his or their control, or a failure or refusal on 
his or their part to answer any question put 
to him or them, and pertinent theretb, upon 
any examination, inquiry or investigation as 
aforesaid, application may be made before any 
justice ot said court, who shall, in case he 
shall decide such question pertinent and prop- 
er to be answered, thereupon cause to be ar- 
rested, and may punish as for a contempt of 
the orders of said court, the person or per- 
sons named in said subpena, and in such case 
the laws, rules and proceedings relating to 
punishment for contempts, and usual in said 
court, or before any justice thereof, shall be 
applicable thereto. Said commissioner and fire 
marshals, in conducting any examination or 
inquiry as aforesaid, are hereby authorized 
to administer any oath or affirmation in the 
matter, and any false swearing under said 
oath or affirmation thus administered shall be 
perjury, and punishable as such in such man- 
ner as now provided under the laws applica- 
ble thereto; and said examination or investi- 
gation may be continued and adjourned by 
the said commissioner or fire marshal con- 
ducting the same, from time to time, and at 
such time and place as shall be designated, 
and any person subpenaed as aforesaid shall 
attend and testify UF>on said adjourned day or 
days, and at the time and place designated, 
and of which they shall have been notified, as 
though the same had been named in said sub- 
pena, and with like effect as to any failure to 
appear and answer under the requirements 
therein contained; provided, that any testi- 
mony or evidence taken as aforesaid shall 
be for the information and Instruction of said 
fire commissioner in the discharge of his du- 
ties, and in the prevention of future fires, and 
the protection of property, and shail be care- 
fully kept in the archives and possession of 
said fire department, and shall in no manner 
be used in any criminal proceeding or action, 
but may be placed before any grand jury in 
said city ot New York. Such investigations 
in relation -to the yubject matter hereinabove 
defined within the boroughs of Brooklyn and 
Queens, shall he carried on by the deputy 
commissioner and fire marshal seated in the 
borough of Brooklyn, under the direction of 
said fire commissioner. 


Fire inarslials iiiay enter bu I Id i iibn to 
examine tliein. 

Sec. 780. It shall be the duty of a marshal, 
or his officers and agents, when authorized by 
him in writing so to do. to enter into any 
building or premises within said city for tho 
purpose of examining, or causing to be ex- 
amined, the stoves and pipes thereto, ranges, 
furnaces and heating apparatus of every kind 
whatsover, including the chimneys, flues and 
pipes with which the same may be connected, 
engine rooms, boilers, ovens, kettles, and also 
all chemical apparatus or other things which 
in his opinion may be dangerous in causing 
or promoting fires, or dangerous to the fire- 
men or occupants in case of fire; and upon find- 
ing any of them defective or dangerous, or in 
any manner exposed or liable to fire from any 
cause, he shall report the same to the commis- 
sioner, who may thereupon issue orders or .spe- 
cial directions, either printed or written, di- 
recting the owner or occupant to alter, remove 
or remedy the same in such manner and with- 
in such reasonable time as may be necessary, 
and in respect thereto may authorize and di- 
rect the use of such materials and appliances 
as s*hall be deemed proper and necessary; and 
in case of neglect or refusal so to do within 
the time prescribed by such orders or direc- 
tions, such fire marshal, under the direction 
ot said commissioner, shall cause said altera- 
tion, removal or other necessary act or work 
to be done, and the expense thereof shall be 
charged to the pan-y so offending, to be sued 
for and recovered in the manner herein pro- 
vided for the recovery of fines and penalties 
under this chapter. And i n additio n thereto 
the party so offending shall forfeit the sum 
of fifty dollars, to be recovered in said action 
or in an action brought therefor by tlje fire 
commissioner. 

Id.; to trace the cause of (ire.ii; arrest 
of suspected persons. 

Sec. 781. It shall be the duty of a fire mar- 
shal to examine into the cause, circumstances, 
and origin of fires occurring in said city, by 
which any building, vessels, vehicles, or any 
valuable personal property shall be accident- 
ally or unlawfully burned, destroyed, lost or 
damaged, wholly or partially; and to especial- 
j ly inquire and examine whether the fire was 
I the result of carelessness or the act of an in- 
j cendiary. Such fire marshal shall take the 
j testimony, on oath, of all persons supposed 
I to be cegnizant of any fact or to have means 
of knowledge in relation to the matters here- 
in required to be examined and inquired int -, 
and cause the same ro be reduced to writing, 
verified and transmitted to [he fire commis- 
sioner with his report in writing, embodying 
his opinion and conclusicns in relation to 
the matter investigated. Such fire marshal 
shall report in writing to the fire department, 
to the police department, to the district at- 
torney, to the New York board of fire under- 
writers, to the owners of property, or other 
persons interested in the subject matter of 
investigation, any facts and circumstances 
which he may have ascertained by such in- 
quiries and investigations which shall, in his 
opinion, require attention from or by either 
of said departments, officers or persons; and 
it shall be the duty of such fire marshal, 
whenever he shall be of opinion that there 
is evidence sufficient to charge any person 
with the crime of arsen, to cause such per- 
. son to be arrested and charged with such . 
j offense, and furnish to the district attorney 
j all the evidences of guilt, with the names of 
witnesses, and all the information obtained 
j by him, including a copy of all pertinent and f 
! material testimony taken In the case; and he f 
I shall specially report to the fire commission- i 
' er. as often as such commissioner shall re- i'j 


TITE CHARTER OF THE CITY OF NEW YORK. 


87 


quire, his proceedings, aud the progress made 
in ail prosecutions for arson and the result 
of ali cases which are finally disposed of. 

I«l.! limy ooiniiel ntteiiiliinee of wit- 

ueSMeji. 

Sec. 7S2. A fire marshal shall have power to 
issue a notice in the nature of a subpena. in 
such form, and subscribed in such manner, 
as the fire commissioner shall prescribe, to ! 
compel the attendance of any person as a | 
witness before him. to testify iif relation to i 
any matter which is, by the provisions of this i 
title, a subject of inquiry and investigation 
by the said mai'shal. The said marshal shall 
be, and hereby is authorized to administer 
and verify oaths and affirmations to persons 
appearing as witnesses before him; and false 
swearing in any matter or proceeding afore- 
said shall be deemed perjury and shall be pun- 
ishable as such. Upon the presentation of 
satisfactory proof of due service of any such 
notice in the nature of a subpena. upon any 
such witness, and of a failure by such witness 
^ to obey the same, it shall be the duty of the 
fire commissioner to make an order that the 
said witness be arrested and brought before 
said marshal, to testify what such witness 
may know in relation to the subject matter of 
inquiry. Such order may be executed by any 
member of the police force, by arresting and 
bringing such witness before the said marshal, 
hut such witness shall not be detained longer 
than is necessary to take such testimony. 
The fire marshals shall have authority a;t all 
times of the day or night, in performance of 
the duties imposed by the provisions of this 
title, to enter upon and e-xainine any building 
or premises, when any fire shall have occurred, 
and the building." and premises adjoining and 
near to tbait in which the Are occurred. 

111.; coniinls.sloncr miiy siiiicrvine lii- 

veMtig'jil ioiiN by. 

Sec. 783. It shall be the duty of the fire com- 
missioner to supervise and direct, whenever 
he shall be of opinion that the public interest 
will be subserved thereby, the investigaitions, 
examinations, and proceedings of said mar- 
shals, and make all needful and proper rules 
and regulations in relation to the duties of the 
office, and the manner of performing the 
same. 

TITLE 5. 

IlELIEF FI ND AXD PEXSIOX'S. 

or ivlint fuiiil coiisist.s; ollicers unil iii- 

ventiiieiit. 

Sec. 789. The New York fire department 
relief fund shall consist of: 

1. The capital, interest, income, dividewi.s, 
cash deposits, securities and credits formerly 
or now belonging to said funds in any of the 
municipal and public corporations, or parts 
thereof, hereby consolidated into the city of 
New York. 

2. All forfeitures and fines imposed by the 
fire commissioner, from time to time, upon 
any member or members of the fire depart- 
ment force by way of discipline. 

3. -MI rew'ards in money, fees, gifts, testi- 
monials and emoluments that may be paid or 
given for account of extraordinary services 
by any member of the fire department force, 
except such as have been or shall be allowed 
by the fire commissioner, to be retained by 
said member or members, and such as have 
been or shall be given to endow a medal or 
other permanent or competitive reward. 

4. All proceeds of suits for penalties, under 
title three of this chapter, and all license 
fees payable under the same. 

5. All proceeds of sales of condemned 
horses and other personal property in use by 
paid department. 


G. All moneys, pay, compensation or salary, 
or any part thereof forfeited, deducted or 
withheld from any member or members of 
the fire department force, for or on account of 
absence from duty, to be paid monthly to 
the treasurer of the said relief fund, by the 
controller of the city of New York, and the 
fire commissioner is authorized and empow- 
ered. in his discretion, to deduct and with- 
hold pay, salary or compensation from any 
member or members of said force, for or on 
account of ab.sence from duty, except when 
such absence shall be caused by sickness or 
disability, for which leave of absence shall 
have been granted, in accordance with the 
rules o'f said department. 

7. Ten percentum annually of all excise 
moneys or license fees belonging to the city 
of New York, as constituted by this act. and 
derived or received by any commissioner of 
excise or public officer, from the granting of 
licenses, or permission to sell strong or spirit- 
uous liquors, ale, wine or beer, or of any 
moneys paid fer taxes upon the business of 
trafficking in or selling or dealing in strong 
or spirituous li quors, ale, wi ne or beer in 
The city of New York, under the provisions 
of any law of this state authorizing the 
granting of any such license or permission; 
the said ten per centum thereof to be paid 
[quarterly] by the controller of said city, 
who is hereby authorized and required 
to pay the same to the treasurer of 
the said relief fund, for the benefit 
thereof, without any action or author- 
ity of or from the board of estimate and ap- 
portionment, such sum to amount in each 
and every year to not more than one hundred 
and fifty thousand dollars, n or to exceed s uch 
an amount, if any, as may be required at 
the end of any fiscal year to bring the sur- 
plus in such relief fund over a nd above all 
charges then existing a gainst the same up to 
the sum of two hu ndred thousand dollars. 
The commissioner of the fire department of 
The City of New York is hereby constituted 
and declared to be the trustee of the New 
York fire department relief fund, shall re- 
ceive all moqeys applicable to the same and 
deposit the same, as such trustee, to the 
credit of such relief fund, in banks or trust 
companies to be selected l)y liiui, and con- 
tinue to receive and deposit the funds ap- 
plicable to the same, as received, to the 
credit of said fund, or to invest the same in 
bond and mortgage on improved property 
worth twice the. amount loaned, or in public 
stocks, as said trustee may deem most ad- 
vantageous for the object of such fund, and 
said trustee is empowered to make all nec- 
essary contracts, and to take all necessary 
remedies in the premises. The treasurer of 
■said fund shall give a bond, with one or 
more sureties, in the sum of twenty thousand 
dollars, for the faithful performance of his 
duties, said bond to be approved by the con- 
troller and filed in his office. And the said 
trustee for and on behalf of the uses and 
purposes of said fund, shall be entitled to re- 
ceive, aud there shall be paid to him all 
duties, taxes, allowances, fines, penalties and 
fees to which the fire department of 1 ne 
City of New York, as at any time heretofore 
established, has been or is now entitled, ex- 
cept as in this act otherwise specially pro- 
vided, and the said trustee may take, by gift, 
grant, devise or bequest, any money, real or 
personal property, right of propertv for 
other valuable thing, the annual income of 
which shall not exceed il*irty thousand dol- 
lars in the whole; and in any year, when the 
condition of the said relief fund shall render 
it, in the judgment of the said trustee, neces- 
sary, he may receive from the board of esti- 


mate and apportionment of The City of New 
York, a sum not exceeding ten thousand dol- 
lars, to be included in the annual ostimaU 
of the fire commissioner and drawn and col- 
lected by him in like manner as the other 
moneys applicable to his expenses; and such 
amounts so obtained shall, in like manner, be 
paid to and applied by the treasurer to the 
uses of said fund, by deposit or investment 
as . hereinbefore provided, as the trustee 
thereof shall direct; provided, that the sum 
of two hundred thousand dollars, which may 
be received and accumulated under the pro- 
visions of this title, and shall be reserved and 
retained as a permanent fund, the annual 
income of which may be made available for 
the uses and purposes of said relief fund. 

8. On or before the first day of February 
of each year , the trustee shall make a verified 
report to the m ayor of hi s proceedings as 
s uch trustee, containing a statement of all 
receip ts and disbursements on acc ount of 
said fund, together with the nam es aud resi- 
dences of each beneficiary and the amounts 
paid to such beneficiar y for or on account 
of said fund. There shall be an auditing com- 
mittee, consisting of three membe rs to be ap- 
pointed by the mayor as follow's: Two mem- 
bers t o be selec ted from amo ng the officers 
and members of the unifarmed force of the 
fire department and one member to be se- 
lected from the retired mem bers of the fire 
department. It shall be the duty of this 
committee on or before the first day of 
March in each year to examine the condition 
of said r elief fund and to audit the accounts 
of th e said trustee. 

RetlrlnR- iiiemljevs of Are ilei*nr<ment| 

peiiMions, eto. 

Sec. 790. The fire commissioner shall have 
the power to retire from all eervice In the 
said fire department, or to relieve from 
service rU fires, any officer or member 
of the uniformed force of sa.id department, 
who may, upon an examination by the medi- 
cal offleens, ordered by the said fire commis- 
sioner, be found to be disqualified, physically 
or mentally, for the performance of hie du- 
ties; and the said officer or member sp retir- 
ed from service shall receive from said re- 
lief fund an annual allowance as pension in 
case of total disqualification for service, or 
as compensation for limited service in case 
of partial disabiliiiy; in every case, the said 
fire commissioner is tP determine the cir- 
cumstances thereof, and said pension or al- 
lowance so allowed is to be in lieu of any 
salary received by such officer or member at 
the date of his being so relieved or retired 
.from fre duty in said department, and the 
said departmen't shall not be held liable for 
the payment of any claim or deijiand for serv- 
ices thereafter rendered, and the amount of 
such pension or allowance shall be deter- 
mined upon the following conditions: In case 
of total permanent disa'bility, at any time, 
caused in or induced by the actual perform- 
ance c'f the duties of his position, or which 
may ccciir after ten yea.r.j’ aeiT.e and contin- 
uous service in tue saia are department, tee 
amount of annual pension to bo allowc.d rhall 
be one-half of the annual compensation allowed 
such officer or member as salary at the date 
of his retiremi^c from the service, or such 
less sum in proportion to the number of of- 
ficers and members so retired as the con- 
dition of the fund will warrant. But should 
I permanent disability caused by injuries re- 
I celved in the active discharge of his duties 
1 disqualify him only from performing active 
I duty in the uniformed force, he shall be era- 
I ployed at the salary received when such ditp 


THE CHARTER OF THE .CITY OF NEW YORK 


R8 


ability occurred in some 'position in fne de- 
partment not requiring active service as a 
fireman. In case of total permanent disabil- 
ity not caused in or induced by the actual 
performance of the duties of hie position, or 
w'hich shall have occurred before the expira- 
tion of ten years' active and continuous serv- 
ice in the said fire department, the amount 
of annual pension to be allowed shall be one- 
ihira of the annual compen-sation allowed 
such officer or member as salary at the date 
of his retirement from the service, or in pro- 
portion to the number of officers and members 
so retired, as the condition of the fund will 
warrant. In case of partial permanen't disa- 
bility. caused in or Induced 'by the actual 
performance c-f the duties of his position, or 
which may occur after ten years’ active an^ 
continuous service in the said fire depart- 
ment. the officer or member so disabled shall 
be relieved from active service at fires, but 
shall remain a member of the uniformed 
force, subject to the rules governing said 
force, and to the performance of such light 
duties as the medical officer of the said fire 
department may certify him to be qualified 
to perform; and the annual allowance to be 
paid such member or officer shall be one-half 
of the annual compensation allowed as 
salary ' at the dace o*f his being 
so relieved, or such leas sum, in propor- 
tion to the number of officers and mem- 
bers so retired, as •the condition of the fund 
■will warrant. In case of partial permanent 
disability, not caused or induced by the actual 
performance of the duties of his position, or 
which may occur before ten years’ active and 
continuous service in the said fire depart- 
ment. the officer or member so disabled shall 
be relieved from active service at fires, but 
•hall. remain a member of the uniformed 
force, subject co the rules, governing said 
force and. co the performance of such light 
duties as the medical officer of said depart- 
ment may certify him to be qualified to per- 
form, and the annual allowance co be paid 
such officer or member shall not exceed one- 
third of the annual compensation allowed as 
salary at the dace of his being so relieved, or 
such less sum as the fire commissioner may 
in his discretion determine or as the condition 
of the fund will warrant. Any officer or 
member of the uniformed force of the said 
fire department of the city of New York who 
has or shall have performed duty therein for 
« period of twenty years or upward shall, 
upon his own application in writing or upon a 
certificate of the board of medical officers 
showing that such member is permanently 
disabled, phj’-sically or mentally, so as to be 
unfit for duty, be retired and dismissed from 
said force and service and placed on the roll 
of the relief or pension fund, and awarded 
and granted, to be paid from the said relief 
or pension fund, an annual pension during 
bis lifetime of a sum not less than one-half 
the full salary or compensation of such mem- 
ber so retired. The pensions granted under 
this section shall be for the natural life of 
the pensioner, and shall not be revoked, re- 
pealed or diminished; provided, however, that 
no member of either of the uniformed fire de- 
partments by this act consolidated having a 
right to retire on pension at the time this 
act takes effect shall be deprived of suc/i 
right by reason of his remaining a member 
of said fire department, or of anything in this 
act contained. 

TruMtee of relief fuiiil; ^lieii to pay 

peiiMioiiH. 

Sec. 791. The trustee of the relief fund is 
authorized and empowered from time to time, 
to pay a pension out of said relief fund to 
the widow, child or children ordependent parent 
0r parents of any deceased officer or member of 


the uniformed force of the said fii|(^ depart- 
ment, if the death of such officer or member 
occur during his service in the said uniformed 
force, or after he was retired from service 
In said uniformed force; provided that the 
amount of any such pension to be paid by the 
said trustee, to each of the several representa- 
tives of such officer or member as aforesaid 
(in case there shall be more than one), may be, 
from time to time, determined by the said 
trustee according to the circumstances of 
each case, and that such pension may be or- 
dered to cease and terminate at any time if, 
in the opinion of the trustee, the circum- 
stances should warrant the same; and further 
provided that not more than $300 shall be paid 
in any one year to the representative or repre- 
sentatives of such officer or member, and that 
no part of such sum shall be paid to any such 
widov/ who shall marry again after her remar- 
riage, or to any child after it shall have’ 
reached the age of 16 years. In case any offi- 
cer or member of the uniformed force of said 
department is hereafter killed while actually 
engaged in the performance of duty, or if 
death ensues as the immediate effect of in- 
juries so received the trustee of said relief 
fund shall have the power to award to the 
widow of such officer or member an annual al- 
lowance as a pension, to be paid out of the said 
relief fund, in an amount not to exceed one- 
half of the salary or compensation of such offi- 
cer or member at the dateof hisdecease. Ifsuch 
officer or member dying leaves no widow sur- i 
viving him, but leaves a child or children, un- 
der the age of 18 years, or dependent parent or 
parents, the said trustee shall have the power 
to award to the legal guardian of such child or 
children, or dependent parent or parents, for 
Its or their support and maintenance, 
an annual allowance out of said relief fund, 
in amount not to exceed one-half of the salary 
or allowance of such officer or member at the 
date of the decease. The amount of such an- 
nual allowance to any such widow shall not 
exceed the -sum of $1,000, and shall cease upon 
her death or remarriage, or if she shall have 
been guilty of conduct which, in the opinion 
of said trustee, renders further payment inex- 
pedient. The amount of such annual allowance 
to any one such child, or dependent parent or 
parents, shall not exceed the sum of $500, and 
in every case such payment shall cease upon 
the death or marriage of such child, or upon 
its reaching the age of 18 years. If such pay- 
ment to the widow of any such officer or mem- 
ber shall cease by reason of her death, remar- 
riage or misconduct, the said trustee shall 
have power to make payments to the child or 
children or dependent parent or parents of 
such officer or member, if any, as though he 
had died without leaving a widow surviving 
him. The widows and orphans and retired 
members of the Brooklyn fire department, or 
of any other fire department of any of the 
municipal and public corporations or parts 
thereof hereby consolidated, shall be en- 
titled to receive from the fire department 
pension fund herein created the amounts 
which they would respectively have been 
legally entitled to receive on the 31st day 
of December, 1897, from any fire department 
pension or relief fund heretofore existing in« 
any of said municipal corporations or parts 
thereof. 

T.<ife inNiiraiioe fund. 

Sec. 792. The life insurance fund shall con- 
si.st of all moneys that are now to the credit 
of the New York fire department life insur- 
ance fund and the gBrooklyn fire department 
widows’ and orphans’ relief fund; and all per- 
sons who have paid into the said respective 
funds, and who shall continue to pay into 
the life insurance fund, shall receive the ben- 


efits of said fund as provided in this chapter. 
There shall be deducted from the mo'nthiy 
pay of each officer and fireman of said depart- 
ment, and from the monthly pension of retir- 
ed members of said department, and from the 
pay of such other employes of said depart- 
ment as shall heretofore have availed them- 
selves of this provision, the monthly sum of 
one dollar, which shall be received and [held] 
deposited by the treasurer of the relief fund 
to the credit of [in the like manner as the 
other moneys herein provided to be paid to 
him, and which shall be known as] the New 
York fire department life insurance fund, in 
a hank or trust company to be selected by 
him and to continue to receive and deposit 
the funds applicable to the same to the c redit 
of said fund. The s aid treasurer sh all ma ke 
a semi-annual report verified by hi m of the 
condition of said fund containing a state men t 
of all receipts and disbursements for or on 
account of said fund, to gether with name s 
of ail beneficiaries and the a mount paid to 
each, and file said repor t in the offi ce of the • 
controlle r. When the amount of such fund 
shall equal the sum of twenty-five thousand 
dollars, assessment shall only be made to 
maintain said fund at the said sum of twen- 
ty-five thousand dollars, [and in] In case 
of the death of any member or em- 
ploye of said department in the serv- 
ice thereof, who has availed himself of 
this provision, or of any pensioned or re- 
tired member of said department, and so 
contributing, there shall be paid to the widow, 
cr if there be no widow, then to the legal 
representatives of .such deceased member, or 
employe, or pensioned and retired member.the 
sum of one thousand doliar.s out of the mon- 
eys so asse.ssed; and in case, by reason of the 
number of deaths, the aggregate amount of 
money so provided to be assessed and collect- 
ed should prove inadequate to make such pay- 
ment. then the asse^ment may, in the dis- 
cretion of said trustee, be increased to not 
exceeding the sum of two dollars in each' 
month’s pay or each month's pension 
of pensioned and retired members 
of said department. None but mem- 
bers of the uniformed force shall hereafter 
be eligible to membership in this fund. If 
in any year, owing to an excessive mortality 
in the uniformed force, the condition of said 
life insurance fund shall render it, in'tho 
judgment of the said trustee, necessary, a , 
sum not exceeding five thousand dollars may 
be transferred and paid over from the said 
relief fund to the said life insurance fund for 
the use and purpose of said life insurance 
fun(f. 

TITLE 6. 1 

t 

TAX I I»0\ KOREIGX INSI B AXCE 
COMPAMES. 

Corporations liable to taxatitin. 

She. 79S. Any corporation or association 
created by or organized under the laws of 
any government other than the states of this 
Union, and having assets, funds or capital, 
not less in amount than one hundred and fifty 
thousand dollars, invested in this state, shall 
be liable to taxation upon such assets, funds 
or invested capital, as the same is levied or 
assessed yearly by law, which tax shall be 
paid as follows: Such an amount thereof as 
would be equal to two per centum upon Its 
gross premiums received for insurance upon 
property, in the city of New York, shall, ex- 
cept as otherwise in this title provided, be 
paid annually to the fire commissioner as 
treasurer of the fire department, and the res- 
idue of said tax requisite to make up the full 


89 


THE CHARTER OF THE CITY OF NEW 


amount of taxation upon Its capital shall be 
paid to the city of New York, as in the case 
of ordinary taxation, and the payments so 
made as aforesaid shall exempt such cor- 
poratlon or association making the same 
from any and all further taxation upon Its 
premiums, capital or assets, and whenever 
such capital shall be reduced below said sum 
of one hundred and fifty thousand dollars, or 
withdrawn entirely, then, and in either event, 
such corporation or association shall be tU- 
ble to pay the tax upon its premiums as 
heretofore provided in this title. 

Moneys* paid to department l»y inMur- 

nii<*e eoiiipuiiieM, ete. 

Sec. 799. There shall be paid to the fire 
commissioner as treasurer of the fire depart- 
ment for the use and benefit of said fire de- 
partment, on the first day of February, in 
•ach year, by every person who shall act in 
the' city of New York, as agent for or on 
behalf of any indivi(Jual or association of 
fndividuals, not incorporated by the laws of 
this state, to effect insurance against losses 
or injury by fire in the city of New York, 
although such individuals or association may 
be incorporated for that purpose by any oth- 
er state or country, the sum of two dollars 
upon the hundred dollars, and at that rale 
upon the amount of all premiums which, dur- 
ing the year ending on the next preceding 
first day of September, shall have been re- 
ceived by such agent or person, or received 
by any other person for him, or shall have 
been agreed to be paid for any insurance 
fgainst loss or injury by fire in the city 
effected, or agreed to be effected, or promised 
by him as such agent. 

Aooouni of premlnm^ by oily n^eiil. 

Sec.,S00. Every person who shall act in the 
city as agent as aforesaid shall, on the 1st day 
c.f February in each year render to the fire 
commissioner as treasurer of the fire depart- 
ment a just and true account, verified by his oath, 
of all such premiums which, during the year 
ending cn the first day of September preced- 
ing. shall have been received by him. or by 
any person for him, or which shall have been 
agreed to be paid for any such insurance ef- 
fected, or agreed to be effected, or promised 
by him. 

I nclertnkiiig:. 

Sec. 801. No person shall, as agent or other- 
wise, effect, or agree to effect, or procure to 
be- effected, any insurance upon which the 
duty above mentioned is required to be paid, 
until he shall have executed and delivered to 
the said fire commissioner as treasurer, an 
undertaking, under seal, to the fire denan- 
ment, . with such sureties as the said treas- 
urer shall approve, that he will, on the first 
day of February, in each year, render 
a just and true account, verified by his 
oath, of all such premiums, which, during 
ihe year ending on the first day of September 
preceding, shall have been received by him, 
or by anv person for him. or which shall have, 
been agreed to be paid for any such insur- 
ance effected, or agreed to be effected, or 
promised by him. and that he will, 
on the first day of February in each year, pay 
to the said fire commissioner as treasurer, 
two dollars upen every hundred dollars, and 
at that rate upon the amount of such premi- 
ums. 

1(1.; renewal of. 

Sec. 802. Whenever, by rea.-on of the failure 
of the sureties, or either of them, or for any 
other cause, an undertaking given under the 
last preceding secticn shall have or may be 
deemed Insufficient by the said fire commis- 
sioner as treasurer to secure a return of the 
account and the payment of the duty afore- 


said, or either of them, the eaid comnaission- 
er as treasurer, at his election, hut not of- 
tener than once in each year, may require 
such undertaking to be renewed. 

Id.; ponnlty for not exeeutiiiK:. 

Sec. 803. Every person who shall effect, 
agree tcT effect, promise or procure any in- 
surance mentioned in the preceding sections 
of this title, without having executed and de- 
livered the undertaking hereinbefore required, 
shall for each offense forfeit ?1,000, for the 
use of the said fire department; and every 
person who shall have been required by the 
fire commissioner as treasurer to renew his 
undertaking, pursuant to the last preceding 
section, who shall effect, agree to effect, prom- 
ise or procure any such insurance, without 
having executed and delivered the renewed 
undertaking, shall for each offense forfeit 
$1,000, for the use of the said fire department. 

Demand accounts. 

Sec. 804. It shall be lawful for the fire com- 
missioner as treasurer of the fire department, 
on or after the first day of February, in 
each year, by written or printed demand, 
signed by him, to require from every person 
who shall act in the city as agent, as afore- 
said, the account provided for in this 
title, and payment of the duty provided for; 
such demand may be delivered personally to 
such agent, or at his office or place of busi- 
ness to any person having charge thereof, or 
who shall, for ten days after such demand 
neglect to render the account or to pay the 
duty demanded, or either of them, shall for- 
feit $50, for the use of the said fire department; 
and he shall also forfeit for their use $2.5 in 
addition for every day that he shall so neglect 
after the expiration of said ten days, and 
such additional penalty may be computed and 
recovered up to the time of any suit for ,he 
recovery thereof. 

Place 1»nHineH.s t(i be reported. 

Sec. 805. Every person who shall act in the 
city as agent, as aforesaid, shall, on the first 
day of February in each vear, or within ten 
days thereafter, and as often in each year as 
he shall change his place of business in the 
city, report in writing, uoder his proper sig- 
nature, to the con>troUer of this state, and 
also to the fire commissioner as treasurer of 
the said fire department, the street and the 
number thereof in the said city, of his place 
of business as such agent, designating in such 
report the individual or individuals and asso- 
ciation or associations for which he shall be 
such agent. And in case of default in any of 
these particulars, such person shall forfeit 
for every offense the sum of $1,000, for the 
use of the said fire department. 

SaitM for violufioitM. 

Sec. 806. The duty provided to be paid by 
this title, the damages for any breach of the 
undertaking.?, or either of them, provided for 
therein, and the pecuniary peuaUie.s im- 
posed therein, or any or either of them, may 
be sued for and recovered, with costs of suit, 
in any court of record within this state, by 
the fire commissioner, for the use of said de- 
partment. 

Arrest of tlefeiulanf. 

Sec. 807. The defendant in any action to be 
brought for the recovery of any penalty in- 
curred, or any duty or sum of money payable 
under this title, may be arrested, if he is not 
a resident of this staite, or is about to remove 
therefrom. An order for the arrest of the de- 
fendant must be obtained from a judge of the 
court in which the action is brought, or from 
a county judge. The order shall be made 
when it shall appear to the judge, by affi- 


YORK. 


davit, that a sufficient cause of action exists 
under this title, and that the defendant is 
not a resident o-f this sitate, or is about to re- 
move therefrom. 

Tux on rocelptM of foreign tire tiixur- 

auee ebnipunie.s. 

Sec. 808. The corporation known as “The 
Trustees of the Exempt Firemen’s Benevolent 
Fund of the City of New York," shall be en- 
titled to collect, and there shall he paid to it 
until the seventeenth day of January, nine- 
teen hundred and seven, the percentage or 
tax on the receipts of the foreign fire Insur- 
ance companies doing business in the city of 
New Ycrk, as heretofore constituted, as pro- 
vided by this title, except as to business done 
by said foreign fire insurance companies in 
that part or portion of said city, known and 
designated a.® the Twenty-third and Twenty- 
fourth wards, and all returns and undertak- 
ings required by thi-s title, except as to such 
business in the said Twenty-third and Twen- 
ty-fourth wards, shall, during such period, be 
made to the treasurer of the trustees of such 
corporation. The trustees of the Exempt Fire- 
men’s benevolent fund of the city of New York 
shall render to the fire commissioner of the 
city of New York and to the treasurer of the 
Firemen’s association of the state of New York, 
quarterly, in each year, a sworn statement la 
detail cf the amounts collected and received, 
and from whom and from what source, on 
account of said tax, during each quarter; and 
shall, at the same time, pay over to said fire 
commissioner, as treasurer, forty-five per 
centum of the amount so collected and receiv- 
ed in each quarter year, for the use and bene- 
fit of the relief fund of the fire department 
of the city cf New York and to the treasurer 
of the Firemen’s association of the state of 
New York, ten per centum of the amount so 
collected and received, for the endowment, 
benefit and maintenance cf the volunteer 
firem'en’s heme, at Hudson, Columbia county. 
New York, and the mc! f-t so received by the 
treasurer of such association shall be paid 
by him to the treasurer of the Volunteer Fire- 
men’s Home association, upon the order of 
the board cf trustees thereof, as provided by 
the bylaws of the said home association; and 
the balance of said fund shall be applied to 
the uses and purposes of said corporation, 
as defined and provided by chapter fifteen of 
the laws of eighteen hundred and eighty-six. 
The said corporation may 'maintain in its cor- 
porate name any action or actions in any 
court cf record of this state to recover th«* 
tax cr percentage aforesaid during such pe- 
riod, and also to recover for the breach of 
any bond or undertaking, w'hich has been 
given or may be given to it pursuant to the 
provision of this title, or any penalty impos- 
ed thereby. The corporation know'n as “The 
Exempt Firemen’s Benevolent Fund associa- 
tion of the Twenty-third ward of the city of 
New York (late town of Morrisania, in the 
county of Westchester), in the county of New 
York,” shall be entitled to collect, and there 
shall be paid to it until the seventeenth day 
of January, nineteen hundred and seven, the 
percentage or tax on receipts of the foreign 
fire insurance companies in the Twenty-third 
and Twenty-fourth wards of the city of New 
York, as provided for by this title, and all 
returns for such business in said Twenty-third 
and Twenty-fourth wards shall, during such • 
period, be made to the treasurer of said last 
named corporation. The said last named cor- ‘ 
poration shall, during said period, render to 
the fire commissioner of the city of New 
York, and to the treasurer of the Fire- 
men’s association of the state of New York, 
quarterly, in each year, a sw’orn statement 
in detail of the amounts collected and received 
and from whom and fnrj what source, 9 ^ 


no 


THE CHARTER OF THE CITY OF NEW YORK. 

• ■ - ■ , - ... 


accouiu of said tax. during each quarter, { received, and from w'hr.ni and frcna 
and shall at the same time paj' over to said I source on account of said tax, during each 
lire commissioner, as treasurer, forty-five | quarter, .in that portion cf the said -.city 

per centum of the amount so collected and | known ae the Twenty-third and Twenty-fourth 

received in each quarter year for the use and ! wardis, and shall, at the same time, pay qvor 
benefit of the relief fund of the fire depart- to ihe ©aid treasurer of the i?aid corporation 
meat of the city of New York, and to the known a<s the trustees of "‘The Exempt Fire- 
trea.surer of the Firemen's association of the j men's Benevolent Fund AesociatioiT of the 
state of New York ten per centum of the | Twenty-third Ward of the City of New York 
amount so collected and received, for the } (lute town of Mcrri?3nia. in the couirty of 
endowment, benefit and maintenance of the i Westchester), in the County of New York," 
Volunteer Firemen's home at Hudson. Co- I forty-five per centum of the amount so re- 
lumhiii county, New York, and the moneys | ceived in each quarter year, for theuee 
so recti". eu by the treasurer of such associ- land benefit of the ©aid corporation, 

alion shall bo paid by him to the treasurer ' and to the treasurer of the said 

of the Volunteer Firemen’s Home association, j Firemen's association of the state of 
upon the order of the board of trustees there- | New Y'orU. 10 per centum of the amount so 
of, as provided by rho bylaws of .said home | received in each quarter year, for the endow- 
a.ssooiation. and the balance of the moneys j ment and maintenance cf said volunteer firc- 
so collected and received by it during such men’s home, and the moneys so .received by 
period shall be applied to the uses and pur- i said treasurer shall be paid over, to the treas- 
poses of said corporation, as defined and pro- | urcr of said voluncecr firemen s home in 
vided by chapter four hundred and ninety- the manner aforesaid. The said treasurer of 
eight of the laws of eighteen hundred and [ the fire department shall appropriate and ap- 
seventy-five. The said last named corpora- i ply the remainder of the moneys so to be 
lion may maintain in its corporate name any j collected and received by it to the uses and 
action or actions in any court of record of t purposes cf the relief fund of said department, 
the state of New York, to recover the tax i The said corporations known respectively as 
or percentage aforesaid upon such business j the trustees of the Exempt Firemen's Benevo- 
done in said Twenty-third and Twenty-fourth t lent Fund association of the city of New 
wards during such period, and also to recover j York, and the Kxemp: Firemen’s Benevo- 
for the breach of bond or undertaking which | lent Fund asscclation of the. Twenty-third 
has been or may be given to it pursuant to j ward of the ciiy of New York (late town of 
the provisions of this tide, or any penalty j Monisauia. in the county of Westchester), in 
imposed thereby. From and after the seven- { the county of New York, shall each make an 
teenth day of January, nineteen hundred and 1 annual report to the controller of the slate 
seven, the said percentage of tax shall be col- j cf New' York, on or before the first day lu 


Jected by the treasurer of the fire department 
of the city of New York, as provided in this 
title, and thereafter until the seventeenth 
day of January, nineteen hundred and seven- 
teen. the treasurer of said fire department 
shall j-ender to the said corporation known 
as ‘The Trustees of the Exempt Fire- 
men's Benevolent Fund of the City of 
New York,” and to the treasurer of 
the P'iremen's association of the state 
of New’ York, quarterly, in each year, a 
sworn statement in detail of the amounts 
collected and received, and from whom and 
from what source, on accounc of said tax, 
during each quarter, excepting the amounts 
collected in that portion of said cHy, known 
as [heTw'enty- third and Twenty-fourth wards, 
and shall, at the same time, pay over to the 
said treasurer of the corpora^tiooi known a£ 
‘■The Trustees of the Exempt Firemen’s Be- 
nevolent Fund of :he Cky of New York,” 
forty-five per centum of the amount so re- 
ceived in each quarter year, for the use and 
benefit of the said benevolent fund, and to 
the treasurer of the Firemen’s association of 
the state of New' Y'ork ten per centum of the 
amount so received in each quarter year, for 
the endow’ment and maintenance of the said 
Volunteer Firemen’s home; and the money 
so received by the said treasurer shall be paid 
over to the treasurer of said Volunteer Fire- 
men’s home in the manner aforesaid. The 
said treasurer of the fire department shall 
appro-priate and apply the remainder of the 
moneys so to be collected and received to 
the uses and purpovi>« o.t tc.e reliff .fund of 
sai’d department. Cutii toe seveat#»eii.a dav 
M January, nineteen auudrej tnd seventeen, 
the treasurer of said fire department shall 
lender to the treasurer of the corporation 
known as the trustees of ”The Exempt Fire- 
men’s Benevolent Fund Association of the 
Twenty-third and Twenty-fourth Wards of the 
City of New York (late town of Morrisania, 
an the county of Westchester), in the County 
of New York,” and to the treasurer of ;he 
Firemen’s association of the state of New 
York, quarterly, in each year, a sworn state- 
nient in detail of the amoun-ts collected and 


January in each year, duly verified by the 
president and treasurer thereof of .the amount 
of money received during the year, and from 
whom and from what source received, and 
giving in detail the names and residences of 
dll persons to. whom and for what purposes 
any moneys -w'ere paid, with the amoupt paid 
to each recipient, and of the amount of mone> 
on hand, and how invested. No trustee, cfd- 
cer cr agent of either of said corporations 
shall grant or give to any beneficiary cr oth- 
er person any greater sum than shall have 
been determined by the board of trustees of 
such corperation by a vote of a majority of 
such trustees, after due investigations of -the 
circumstances of each case, and all payments 
of pensions or donations shall be made by the 
treasurer upon such order of the trustees of 
the corporation, and for all such payments 
the treasurer shall take receipts from the 
beneficiaries receiving the same, which re- 
ceipts shall be filed with his report to the 
trustees of the corporatiou. 

Tnv on receipts of foroiun Hro inMnv- 
ance c’oni|»nnie.*4 doiiiK in the 

boroii^lt of Brooklyn. 

Sec. S09. There shall be paid to the fire 
commis.sioner, until the seventeenth day of 
January in the year nineteen hundred and 
seventeen, the percentage or tax upon the re- 
ceipts of foreign fire insurance companies do- 
ing business in the borough of Brooklyn, and 
said commissicner shall cause the moneys so 
paid to him to be paid out and dispo.sed of as 
follows: 

1. To the New York fire department relief 
fund 45 per centum. 

2. To the treasurer of the Firemen’s asso- 
ciation of the state of New York, who 
shall pay over the same to the treasurer 
of the Volunteer Firemen's home at 
Hudson, N. Y., 10 per centum. 

3. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the western district of the 
late city of Brooklyn, 20 per centum. 

4. To the treasurer of the widows and or- 
phans fund of 'the' late volunteer fire de- 


I 

I 


I 


I 

! 

i 


I 

I 


I 


partment of the eastern district of the 
late City of Brooklyn. 13 1-3 per centum. 

5. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the former town of New 
Lots, 3 1-3 per centum. 

C. To the treasurer of the widows and or- 
p.han.s fund of the late volunteer fire de- 
partment of the former town of Flat- 
bush, 2 1-3 per centum. 

7. To the tj*easurer of the widow’s and or- 
phans fund of the late volunteer fire de- 
partment of the former town of Graves- 
end, 2 1-3 per centum. 

S. To the treasurer of the widows and or- 
phans fund of the late volunteer .fire de- 
partment of the former towm of New 
Utrecht, 2 per centum, 

0. To the treasurer of the widows and or- 
phans fund of the volunteer fire depart- 
ment of the former town of Flatlands, 
1 2-3 per centum. 

The fire commissioner shall quarterly in 
each year render to each of the foregoing as- 
sociations a sw’orn statement in detail of the 
amounts collected and received by him as 
aforesaid, and from whom and from what 
source on account of said tax during each 
quarter. 

.\nd the custodian or trustees receiving 
moneys under the provisions of this act iu 
ihe borough of Brooklyn shall annually make 
and I'endcr to the fire commissioner in the 
month of January a sworn statement as to 
the expenditure of said funds, and upon fail- 
ure 30 to do the fire commissioner may with- 
hold the said percentage and it shall be paid 
over to the New Yonc fire department relief 
fund, and any use of said percentage for pur- 
poses other than provided by law shall be a 
mi.sdemcanor and be punishable as such. 

Tax on roc'olpt!* of forclsrii fire in.Hur- 
ay»A<- eoiupnnies Uoing: buwIneKs* in t!ie 
*C/orou;;li of Hiehmontl. 

Sec. 810. There shall be paid to the fire com- 
mi»3sioner until the seventeenth day of Jan- 
uary iu the year nineteen hundred and seven- 
teen a percentage or tax upon the receipts of 
foreign fire insurance companies doing busi- 
ness in the Borough of Richmond; and said 
commissioner shall cause fae money so paid 
in to hiin to be paid out and dispotsed of as 
follows; 

1. To the Nev/ York Fire Department relief 
fund, torty-five per centum. 

2. 'fo the treasurer of the Firemen's Asso- 
ciation of the state of New York, who shall 
pay over the same to the treasurer of the Vol- 
unteer Firemen’s Home Association at Hud- 
son. New York, ten per centum. 

3. To the treasurers of the exempt or veter- 
an volunteer firemen’s associations existing in 
the Borough of Richmond at the time this 
act takcii effect, forty-five per centum. Said 
forty-five per centum shall be apportioned by 
said fire commissioner among all such asoocia- 
tionis in prouortion to the actual bona fide 
membership of each such association, on the 
first day of January next preceding the lime 
when such apportionment Is made. In deter- 
mining the memberahip of such association© 
only exempt or honorably discharged volunteer 
firemen shall be considered as members. 

The fire commissioner shall quarterly in 
each year render to each of the foregoing a«- 
sociations a sworn statement in detail of the 
amounts collected and received by him as 
aforesaid and from whom and from what 
source on :»ccount of said tax during each 
quarter. 

I'nx on receipt}* of forcig:n insurance 
coinpnnieM doliij? lu the bor- 

ough of Queeu». 

Sec. Sll. There shall be j)aid to the fire 


THE CHARTER OP THE CITY OF NEW YORK. 





commissioner until the seventeenth day of 
January, nineteen hundred and seventeen, the 
percentage or tax upon the receipts of foreign 
fife insurance companies doing business in the 
Borough of Queens; and said commissioner 
tshall cause the moneys so paid to him to be 
paid ou*. and disposed of as follows: 

1. To th. New York fire department relief 
fund, forty-five per centum. 

2. To the treasurer of the Firemen’s Asso- 
ciation of the state of New York, who shall 
pay over the same to the treasurer of the Vol- 
unteer Firemen's Home Association at Hud- 
son. New york, ten per centum. 

3. To the treasurers of the exempt or veter- 
an volunteer firemen’s associations existing in 
the Borough of Queens at the time this act 
takes effect, forty-five per centum. Said for- 
ty-five per centum shall be apportioned by said 
fire commissioners among all such associa- 
tions in proportion to the actual bona fide mem- 
bership of each such association on the first 
day of January next preceding the time when 
»5uch apportionment is made. In determin- 
ing the membership of such associations only 
exempt or honorably discharged volunteer fire- 
men shall be considered as members. 

The fire commissioner c^all o.uarterly in 
each year render to each of the foregoing as- 
sociations a sworn statement in detail of the 
amounts collected and received by him as 
aforesaid und from whom and from what 
source on account of said lax during each 
quarter. 


CHAPTEK XVI. 

nOrKS, PIERS. HARBOR, PORT \\D 
WATERS. 

Title 1. Di=partmen: of docks and ferrie.s. 

2. Piers, chips and wharfage. 

3. (leneral provisions 

TITLE 1. 

DEPARTMENT OF DOCKS AND 
FERRIES, 

Roiird of doeU}<, co]iimiM.s2oneL*M, uji- 
pointineiit, of ollloo, proKideut 

aiui .HiilarioH. 

See. 816. The head of the department of 
docks and fei ries shall be. ca'.'.ed the board of 
docks. The board of decks shall consist of 
three persons, to be known as commissioners 
of docks. They L-hail be residents of the 
city of New York and shall be appointed by 
t'ha mayor, and hold their respective offices as 
provided in chapter IV of this act. Said 
commissioners shall elect* one of their num- 
ber president of said board. The salary of 
the president shall be six thousand dollars 
a year, and the salary of each of the other 
two commissioners s'hall be five thousand 
dollars a year. 

E^toiisi«»ii of .in viMil ict ion to new 
ritory. 

Sec. 817. All the powers and duties hereto- 
fore vested in and devolved upon the depart- 
ment of docks, of the mayor, aldermen and 
commonalty of the city of New York, are de- 
volved upon and vested in the department 
of docks and ferrie.s hereby created, and in 
addition thereto the powers and duties O'f 
said department are hereby extended so as to 
include all the water front, wharf property, 
lands under water, wharves, piers, bulkheads 
and structures thereon situate, within the . 
[city of Brooklyn] county of Kings; the 
county of Richmond and [that portion of 
Queens county by this act consolidated with 
the corporation known as the mayor, alder- 
men and commonalty of the city of New 
York:] the county of Queens; and the 
said board of docks shall have the 
same powers, subject to the approval 


of the commissioners of the sinking 
fund, to adopt and execute a plan or plans 
forthe water front of the city of New York, as 
constituted by this act, and to fix and establish 
the line of solid filling, bulkheads aaJ pier- 
head lines, the distances between piers, meth- 
ods and ehaiaeter of coustruccicn of wharves 
and piers within the entire territory o-f the 
city of New York, as constituted by this act, 
that the said department of docks possessed 
at the time this act takes effect witViin the 
territory of the city of New York, as hereto- 
fore known and bounded. 

Jurij«<1iotloii, powerM aii<1 duties. 

Sec. 818. The board of docks shall have ex- 
clusive charge and control, subject in the par- 
ticulars hereinafter mentioned to the com- 
mi-'sioners of the sinking fund, of the wharf 
j property belonging to the corporation of the 
1 city of New York, as constituted by this act. 

I including all the wharves, piers, bulkheads 
I and structures thereon, and waters adjacent 
j thereto, and all the slips, basins, docks, wa- 
terfronts, land under water and structures 
thereon and the appurtenances, easements, use.-, 
reversions and rights belonging thereto whi;l: 
are now owned or possessed by the said cor- 
poration, or to which said corporation is, or 
may become entitled, or which said corpora- 
tion may acquire under the provisions hereof, 
or otherw'ise; and said board shall have ex- 
clusive charge and control of the renairing, 
building, rebuilding, maintaining, altering, 
j strengthening, leasing and protecting said 
property, and every part thereof, and 
of all the cleaning, dredging and deep- 
ening necessary in and about the 
same. Said board Is also hereby invested, ex- 
cept as otherwise expressly stated in this act, 
with the exclusive government and regulation 
of all wharf property, w'harvesj piers, bulk- 
heads and structures thereon, and waters ad- 
jacent thereto, and all the basins, slips and 
docks, with the land under water in said city 
not owned by said cerporation. The board of 
docks shall not have power to change the 
exterior line of piers and bulkheads, estab- 
lished by law. The board of docks shall also 
have exclusive charge and control, subject 
in the particulars hereinafter mentioned to 
the commissioners of the sinking fund, of all 
ferries and ferry property belonging to the 
corporation of The Oily of New York, as here- 
by constituted. The said board of docks is 
hereby empowered, when the approval of the 
commissioners of the sinking fund shall have 
been obtained, to establish from time to time, 
new ferries, the franchises of which may be 
leased in the manner now provided by law. 

1*laiis for water frontw. 

Sec. 819. The plan or plans for the whole 
or any part of the water front cf the city of 
New York, as constituted by this act, includ- 
ing ihe water front on the westerly side of 
the Harlem river from the easterly line of 
the Third avenue where said line strikes 
said river along the water front from said line 
to the northerly side of Eighty-sixth street 
on the East river determined upon by the 
department of docks, of the city of New York, 
as heretofore known and bounded, adopted 
and cortified to by the commissioners of the 
sinking fund, and filed in the office of said 
department of docks, in accordance with the 
provisions of the third subdivision of section 
ninety-nine of chapter one hundred and thir- 
ty-seven of the laws of eighteen hundred and 
seventy as amended by section six of chap- 
ter five hundred and seventy-four of the laws 
of eighteenhundred and seventy-one and such 
plan or plan.s as may he determined upon 
pursuant to section 817 of fhis act, by the 
board of docks created by this act, adopted 


and certified to by the commissioners of the 
sinking fund and filed, or that may be filed 
In the office of said beard of docks shall b? 
and continue to be the s:le plan or plans, 
according to which any wharf, pier, bulkhead, 
basin, dock, slip or any wharf structure or 
superstructure shall be laid out or construct- 
ed within the territory or district embraced, 
or that may hereafter be embraced in and 
specified upon said plan or plans, and snail 
be the sole plan or plans and authority for 
solid filling in the waters surrounding the 
city cf New York, and on said Harlem river, 
and for extending p ers into said waters 
and erecting bulkheads around said city, 
and on the westerly side cf the rKrlcni 
river, and all other p.ovlsio.is of law 
regulating solid filling and pier and bulk- 
head lines in said waters, are to be deemed to 
be repealed whenever said plan or plans is 
or are inconsistent with such provision.^ cf law 
and all laws giving any power or authority 
as to said water front in the territory em- 
braced in this section, to any ether depart- 
ment of the city of New York, as heretofore 
known and bounded, or to any department of 
any municipal or public corporation which, of 
part of which, la consolidated by thl.s act 
with the mayor, aldermen and commonaUy 
of the city cf New York, are hereby repealed. 
No wharf, pier, bulkhead, basin, dock, slip, 
exterior street or any wharf, structure or su- 
perstructure shall be laid out, built or rebuilt, 
within such territory or district except in ac- 
cordance with such plan or plans, provided 
that said board of docks, with the consent and 
approval of the commissioners of the sinking 
fund, may, from time to time, change the 
width or location of the piers laid down on 
said plan or plans; and provided, also, that 
said board of docks may build, or rebuild, or 
license or permit the building or rebuilding, 
of temporary wharf structures, and said board 
may lease land covered with water belonging 
to the city of New York for the purpose there- 
of, such lease, license or permit to continue 
and remain at the will and pleasure of said 
board, or for a time not longer than until 
the wharves, piers, bulkheads, basins, decks, 
or slips to be built or ccnstrucied according 
to such plan or plans, sihall in the judgment 
of said beard, require and need i.o be built 
or cv'.nstructed; and provided, further, that 
the board of dcck.s with the con.sent and 
approval cf the commissioners of the sinking 
fund may alter and extend the present pier 
head line, as now established on the Hudson 
river, between Battery place and Seventieth 
.street, and establish a new pier head line be- 
tween these points, and may authorize the 
construction oi now piers out to said pier 
head line, and may extend those piers already 
built out to said line; and may 

build new piers or extend piers 
already built, out to such nier head 
lines as are now cr may hereafter esta-- 
lished by the ?'ecretary of war under act of 
congresis. The board of docks Is hereby au- 
thorized and empowered, with the consent 
and approval cf the commissionersof thesink- 
ing fund, to alter and amend the plans of the 
improvement of the water front determined 
upon by the department of docks, and approved 
by the commissioners of the sinking fund of 
the city and county of New York, in 1S71, be- 
tween the Battery and Grand street on the 
East river and between the Battery and West 
Sixty-second street on the North river. When- 
ever the plan so determined upon and adopt- 
ed, or hereafter to be determined upon and 
adopted, shall include the widening of an ex- 
terior street or avenue, or the opening and 
construction of a new exterior street or exte- 
rior avenue, or the abandonment or closing of 
such street or avenue already in existence 
the power to widen, open, conatfUct^, gbu* 


92 


THE CHARTER OF THE CITY OF NEW YORK 


don or close the same shall exclusively reside 
with the said board of docks, which is hereby 
authorized to take such steps as may be nec- 
essary in that regard, end after the same shall 
have been so widened or opened, the right to 
maintain the widened portion of a street or 
avenue already opened, and such new street 
or avenue shall also reside with the said board 
of docks; but the street or avenue so widened 
to the extent of the part so widened, or such 
new street or avenue opened under this plan 
shall not be a public street, but shall be a 
marginal wharf, and shall be used in that, re- 
gard in such manner from time to time as the 
board of docks shall, by resolution, determine. 
The board of docks shall have exclusive power 
to regulate the use of marginal streets so 
that the lane and buildings upon all such mar- 
ginal streets may be used to the best advan- 
tage in connection with the wharves and bulk- 
heads; and the board of docks shall have the 
power to regulate, by license or by any other 
suitable means, the transfer of goods and mer- 
chandise upon, over or under all such mar- 
ginal streets; except that the said board of 
docks shall noc. under this section, have any 
power in respect to, or jurisdiction over, the 
public driveway authorized by and construct- 
ed under chapter 102 of the laws of 1893 and 
acts amendatory thereof. 

Surveys of water frout. 

gee. 820. The board of docks is authorized 
to cause to be made the necessary surveys, 
soundings, and other examinations of the wa- 
ter front of the city of New York, as consti- 
tuted by this act. where the same has not al- 
ready been determined, and to ascertain ihe 
capacities and requirements of said water 
front for adaptation to commercial and other 
uses. 

C'oiiKtruetioii of and doolcn res- 

ulfited. 

Sec. 821. In executing the plan or plans men- 
tioned in section 819 of this act, the board 
of docks shall proceed, according to said 
plan or plan^, to lay out, establish and con- 
struct wharves, piers, bulkheads, basins, 
docks or slips in the territory or district em- 
braced in such plan or plans, and in and 
upon or about the property owned by the city 
of New York, without interfering -with the 
property or rights of any other person ex- 
cept so far as may be necessary to insure the 
safety and stability of the wharves, piers, 
bulkhe.ads, basins or slips so to be constructed. 
And said board may commence and carry on 
such construction in sections of said territory 
or district from time to time, so as not to 
seriously incommode the commerce of said 
city. The work of said construction under such 
plan or plans shall, unless ordered to be other- 
wise performed by the affirmative vote of all the 
commissioners of docks, be performed as fol- 
lows: The said board of docks shall prepare 
full and minute specifications for such work, 
and advertise for proposals for doing said 
work under said plan or plans, and according 
to such specifications; proposals therefor shall 
be signed by the bidders for the said work 
and be sent to the said board within the time 
specified in such advertisement, accompanied 
by a bond In the form set forth in said speci- 
fications, duly executed. The said board of 
docks shall open said proposals on a day to 
be specified in such advertisement, and shall 
examine them, and unless the said board shall 
deem it for the interest cf the city to reject 
all bids, shall award the contract for said work 
to the lowest responsible bidder complying 
with such plan or plans and specifications; 
such contract shall be executed by the said 
board of docks on behalf of the city of New 
York, and shall always contain provisions as 
to the time of commencing and completing 


said work, and for the retention of at least 
one-fourth of its contract price, until the com- 
pletion of said work, as security for its per- 
formance; and for the forfeiture of said con- 
tract for non-performance of the terms there- 
of. Said board of docks may, upon the for- 
feiture of any such contract, proceed to com- 
plete the work thereunder without contract 
or may readvertise for proposals to complete 
said work and award a new contract therefor 
in the same manner as provided herein for 
awarding the original contract; but no bidder 
under this section shall be entitled to a 
contract until his bid be approved and ac- 
cepted by said board of docks, provided, how- 
ever. that repairs may be done by days’ work, 
and without contract, whenever in the judg- 
ment of the board of docks it is expedient so 
to do and the consent of the board of esti- 
mate and apportionment shall have been first 
obtained. 

Pnrclin«e of wharf property for cor- 
porntioii; proceedias'K to ncqnirt'. 

Sec, 822. The board of docks, with the 
approval of the commissioners of the 
sinking fund, is authorized to acquire 
in the name and for the benefit of 
■che corporation of the city of New York any 
andall wharf property in the city of New York, 
as constituted by this act, to which thecorpo- 
raciou of the city of New York then ^las no 
right or tide, and any rights, terras, ease- 
ments and privileges pertaining <o any \>i3arf 
property in the city of New York, and not 
owned by said corporation; and said board of 
do-cks may acquire the same either by pur- 
chase or by process of law, as herein pro- 
vided. Said board of docks may agree with 
the owners of any such property, rights, 
terms, easements or privileges, upon a prlco 
for the same, and shall certify such agree- 
jnent to the commissioners of the sinking 
fund, and if the said commissioners appi-ovo 
of such agreement, said hoard of docks sball 
take from such owners, at such price, the nec- 
essary conveyances and covenants for vesting 
said property, rig'lits, terms, easements or 
privileges in, and assuring the same to the 
city of New York forever, and said owner 
shall be paid such price from the city treas- 
ury as provided in this act. If the said 
board of docks sfcull deem it proper and ex- 
pedient that the said corporation should ac- 
quire possession of such wharf property, 
rights, terms, easements or privileges, for 
which no price can he agreed upon between 
said beard and the owner or owners thereof, 
the said board of docks may direct the cor- 
poration counsel of said city to take legal 
proceedings to acquire the same for the city, 
and the said corporation counsel shall take 
the same proceedings to acquire the same as 
are by law provided for the taking of pri- 
vate property in said city for public streets 
or places, and the provisions of law relating 
to the taking of private property for public 
streets or places in said city are hereby made 
applicable, as far as may be necessary, to the 
acquiring of the said property, rights, terms, 
easements and privileges, and the said board 
of docks is aiso empowered to acquire in like 
manner the title to such lands under water 
and uplands, within the city of New York, as 
constituted by this act, as shall seem to said 
board of docks necessary to be taken for The 
improvement of the water front. And for 
the purpose of attempting to agree upon a 
price v/ith the owners of such wharf proper- 
ty, rights , terms, easements or privileges, 
it shall be sufficient for the said board of 
docks to serve upon the said owners of sai.1 
wharf pro perty, rights, terms, easements 
or privileges a copy of the resolution of said 


board of docks offeri ng a price for the said 
wharf property, rights, te rms, easements or 
privileges, with notice of the p assag e of the 
saM resolution, hy personal or substituted 
service in the same manner, so far as the 
same can be made applicable . thereto, as is 
provided for per sonal or substituted service 
of a summons in an action by cha pter five of 
the code of civil procedure, unless the su -. 
preme court, upon application of said board 
of docks, shall direct some other and differ- 
ent mode of service. 

The just compensation to which the owner 
of property taken under the foregoing provis- 
ions is entitled shall be ascertained and deter- 
mined upon the following principles. If all 
of the property of such owner is taken, the 
compensation awarded shall be the fair and 
just value of the said property. If the prop- 
erty of the riparian proprietor has been built 
upon or Improved, and if such buildings or 
improvements are upon a single tract con- 
tiguous to or adjoining lands under water, 
or which were originally under water, and 
used in connection therewith, and part only 
of such property is proposed to be taken, the 
fair and just value of the entire premises shall 
first be ascertained, and then there shall be 
ascertained the like value of the premises in 
the condition in which they will be after the 
part is taken, and the difference in value, be 
it more or less than the separate value of the 
part taken, shall constitute the measure of 
compensation. 

Provided that said board of docks, with the 
approval of the commissioners of the sinking 
fund, hereby is empowered to agree, license 
and permit private owners of any bulkheads, 
piers or water rights, to make the necessary 
improvements upon their bulkheads, piers or 
water rights, so as to conform to the plan al- 
ready adopted by the department of docks and 
approved by the commissioners of the sinking 
fund of the city of New York, as heretofore 
known and bounded, or to be hereafter adop:- 
ed and approved, pursuant to this chapter, 
during the period which shall intervene prior 
to the extlnguishmopt of such private owner- 
ships by the city of New York, such improve- 
ments to be made by such owners under the 
supervision of the board of docks, or by tha 
board of docks itself, as may be agreed upon, 
at the cost and expense of such private own- 
ers, in the first instance, and upon such rea- 
sonable terms as to reimbursing said private 
owners for such improvements and as to 
wharfage and other riparian rights thereon 
and therefrom, as may be agreed upon. AM 
agreements and licenses or permits heretofore 
made or entered into between the mayor, al- 
dermen and commonalty of the city of New 
York and any private owners, as to the mak- 
ing of like improvements upon their property, 
are hereby ratified, confirmed and made valid. 

Aociuirement of certain i^barf proi>» 
erty on North and Ela^t rivers. 

Sec. 823. In all proceedings taken by the 
board of docks of the city of New York for 
the acquirement of wharf property, rights, 
terms, easements or privileges, or lands un- 
der wj.ter and uplands in the city of New 
York, if said wharf property or lands under 
water, or wharf property to which said rights, 
terms, easements or privileges are appurten- 
ant, is, or are, situated between the souther- 
ly side vf Bethune street and the northerly 
side of Cansevoort street, upon or adjacent 
to the North river in the city of New York, 
or between the southerly side of East Eigh- 
teenth street and the southerly side of East 
Twenty-first street, upon or adjacent to the 
East river, it shall not be necessary for th# 
said board of docks to make any attempt to 
agree with the owners of any such property. 


THB] CHARTER OF THE CITY OF NEW YORK 


D3 


rights, terms, easements, privileges, uplands 
or lands under water, upon a price for the 
same, before commencing the proceedings au- 
thorized by section 822 of this act. 

In a proceeding brought for the acquire- 
ment_of any such wharf property, rights, 
terms, easements, or privileges, or uplands, 
or lands under water situate, as in this sec- 
tion set forth, the title to the said wharf prop- 
erty, uplands and lands under water, rights, 
terms, easements,, and privileges shall vest 
in the city of New York four months after the 
filing in the office of the clerk of the supreme 
court, in the first judicial district, of the 
oaths of the commissioners of estimate and 
assessment in said proceeding appointed, and 
all of the rights, title and interest of any and 
all of the owners or persons Interested in the 
said wharf property, rights, terms, easements 
and privileges or lands under water, or up- 
lands, shall cease and determine and be ex- 
tinguished at such time. All the awards 
made in such proceeding for the value of 
property acquired or interests extinguished, 
shall draw interest from the time of the vest- 
ing of the title in the city of New York. 

.4cqairenient of wharf properfy In 
wliic'li city line nonie Interest. 

Sec. 824. In all proceedings by the board of 
docks of the city of New York for the ac- 
quirement of the interests of any {ierson or 
corporation who is an owner in common or a 
joint tenant with the city of New York of 
any wharf property, rights, terms, easements, 
or privileges, or lands under water and up- 
lands, it shall not be necessary for the said 
board ot docks to make any attempt to 
agree with said person or corporation who is 
a tenant in common or joint tenant as afore- 
said with the city of New York upon a price 
for the same, before commencing the pro- 
ceedings authorized by section 822 of this act. 

In a proceeding brought for the acquirement 
ot any such right, title or interest in or to 
any such wharf property, rights, terms, ease- 
ments or privileges, or uplands, or lands 
under water, owned as in this section set 
forth, the title of the person or corporation 
who. or which is, the tenant in common or 
Joint tenant with the city of New York to the 
said wharf property, uplands and lands under 
water, rights, terms, easements and privi- 
leges, shall vest in the city of New York 
four months after the filing in the office of 
the clerk of the supreme court, in the First 
judicial district, of the oaths of the commis- 
sioners of estimate and assessment in said 
proceeding appointed, and all of the rights, 
title and interest o^f, in and to the said own- 
ers, persons' or corporations interested in said 
wharf property, rights, terms, easements, 
privileges or lands under water or uplands, 
shall cease, determine and be extinguished 
at such time. All the awards made in such 
proceeding for the value or property ac- 
quired or interest extinguished shall draw 
interest from the time of vesting of the 
title in the city of New Yors. 

WhnrfnRe and dovUnsre olinrRCa: lens- 
iii»r property! oyMfer liiiMlueHNi ilesigr- 
iintioii of Tvater front for. 

Sec. 825. When any of the wharves, piers, 
bulkheads, slips, docks, and basins construct- 
ed under the provisions of this chapter shall 
be open to the public use, the board of docks 
shall subject to the provisions of law, regulate 
the charges for wharfage, cranage and dockage 
of all vessels admitted thereto, and may alter 
such charges from time to time as the pub- 
lic trade may authorize and the said board 
of docks deem proper; provided that the rates 
of wharfage on boats navigating the canals 
of the state shall not be increased beyond 
the rates in force on .\pril eighteenth, one 
thousand eight hundred and setenty-one. ex- 


cept as hereinafter specifically provided, and 
no restriction of the amount of wharf and 
slip room occupied by them shall be made; 
and said board of docks may appropriate any 
of such wharves, as the owners thereof may 
apply to have so designated or appropriated 
to the sole use of special kinds of commerce, 
or of st^eamboats. or of any other class or 
description of ships or vessels, and may re- 
strain and prohibit any ship, steamboat, or 
any other vessel or water craft whatever 
from coming into, or lying, mooring, or an- 
choring at or within any such wharf, pier, 
or slip of said the city of New York, except 
such as may be so designated for their use, 
respectively. ' Said board of docks may, in 
the name of and for the benefit of the corpora- 
tion of the city of New York lease any or all 
of such property, and any and all wharf 
property belonging to the city of New York, 
as constituted by this act, for a term not 
exceeding ten years, and covenant for renew- 
al or renewals at advanced rents of such 
leases for terms of ten years each, but not 
exceeding in the aggregate fifty years. The 
board of docks may set aside, designate and 
appropriate a suitable location on the water- 
front in the city of New York, for the sole 
use oi the oyster business. Such designation 
or appropriation snail be subject at any time 
to revocation by said board. 

Ferries: estnblis luiieiil nm l len.siiii.; *>•'. 

Sec. 826. The board of docks shall have 
power and is authorized to lease in the name 
of and for the benefit of the city of New York 
in the manner provided by law, the franchise 
of any ferry or ferries belonging to said city 
for the highest marketable price or rental, at 
public auction or by sealed bids, and always 
after public advertisement and appraisal un- 
der the direction of said board but not for a 
term longer than [ten] twenty- five 
years, nor for a renewal for a longer 
term than ten years. .And said board 
shall also possess the power and is here- 
by authorized to lease, in like manner along 
with the franchise of a ferry or ferries be- 
longing to said city, such wharf property, in- 
cluding wharves, piers, bulkheads and struc- 
tures thereon and slips, docks and water 
fronts adjacent thereto, used or required for 
the purposes of such ferry or ferries, now 
owned or possessed, or which may hereafter 
be owned or acquired by said city or to which 
the said city is or may become entitled, or of 
which it may become possessed. But said 
board shall make no lease authorized by this 
section, unless the terms of said lease are ap- 
proved by the commissioners of the sinking 
fund. The proceeds of said leasing shall on 
receipt thereof after paying all necessary 
charges be immediately paid to the credit of 
the sinking fund. But nothing in this section 
contained shall be held to apply to that por- 
tion of the East river which is, by law, ex- 
clusively set apart for the use of canal boats 
engaged in the transportation of freights in 
the Hudson river coming to tidew'ater from 
the canals of this stale. Whenever it may 
be determined by unanimous votes of all the 
members of the boa rd of docks and of the 
commissioners of the sinking fund that the 
interests of the city will not be best pro- 
moted by leasing the franchise of ^ferry in 
the manner hereinbef ore directed, it shall 
be lawful for sai d board of docks a nd said 
commissioners of the sinking fund by resolu- 
tions adopted by such unanimous votes, to 
lease such fraachiscs_by private agreement 
tor terms not exceeding twenty-five yeart 
and under such conditions as, in their judg- ! 
mentis will best protect and further the in- 


terests of the city and the traveling p ublic. 
Leases of such franchises may in the discre- 
tion of th e board of docks and the coramls- 
sloners of the sinking fund provide for the 
character of transportation services to be 
furnished by the lessee, including the char- 
acter a nd speed of the boats to be used, fre- 
quency of tr ips, rates ot fare and commuta- 
tion and freight charges and may provide f o r 
forfeiture of the lease in the event of failure 
to comply with its provisions in regard 
^hereto. 

)To eMlaltlish) Kstnltllnli men I «>f rules 
tor gruveriinieiit ; penalties. 

. Sec. 827. The board of aldermen [docks] 
shall, by general ordinances, from time to 
ti me' establish [and enforce] all needful 
rules and regulations for the government and 
proper care of all the property placed in the 
[its] charge of the board of docks and under 
its control by the provisions of this chapter, 
relating thereto. ' The board of docks [, and] 
shall furnish a copy of such rules and regula- 
tions to all the owners and occupants of such 
property, shall enforce such rules and regula- 
tion s and shall make all needful orders nec- 
essary to carry out the provisions of this 
chapter relating thereto into effect, [and 
fix penalties for disobeying such rules, regu- 
lations or orders,] and shall publish such or- 
ders. .All rules, regulations or orders of the 
board ot docks which shall be in force in the 
City of New A'ork on the first day of Janu- 
ary, ninete en hundred and two, are hereby 

continued in full force and eff ect subject to 
repea l or modification as in this section pro- 
vided. The violation of or disobedience to 
any rule or regulation or any [or] order of 
said board of docks, shall be a misdemeanor, 
punishable by a fine not exceeding five hun- 
dred dollars, or by imprisonment not exceed- 
ing thirty days, or by both such fine and im- 
prisonment, on complaint of such board ot 
docks. The penalties aforesaid may be re- 
covered by suit in the name of the City of 
New’ York, and such suit shall be prosecuted 
by the corporation counsel when directed by 
the board of docks, and no defendant in any 
suit shall be permitted to plead ignorance of 
any .such order, rule or regulation. .All rents, 
fines and penalties, and all other money col- 
lected by said board of by its direction, shall 
[belong to the treasurer of said city, and] 
be . paid into the sinking fund for the re- 
demption of the city debt. The board of 
docks shall hold stated meetings, at times to 
be specified in its bylaws, which said board 
shall prepare and may alter from time to 
time. 

OlHeen and oHieers; diilien and nnlarien 

Sec. S2S. The board of docks shall have 
power to furnish and supply offices, provided 
In accordance with law, for the transaction of 
the business of the department of docks and 
ferries. The board of docks shall appoint a 
secretary and other officers, clerks and agents 
to assist said board in the performance ot Its 
duties and the exercise of its powers; and 
also the necessary employees for the work of 
construction, repairs and maintenance. [ ; and 
shall fix the compensation of all persons so 
appointed.] But the annual expenses of said 
department for rent, furniture, supplies and 
compensation of secretary and subordinate 
officers, clerks and agents shall not exceed 
In the aggregate the sum of one hundred 
thousand dollars, except with the consent of 
the commissioners ot the sinking fund. The 
president of the board of docks shall be elected 
annually by the members thereof, and shall 


94 


THE CHARTER OF THE CITY OF NEW YORK 


preside at all meetings of said board, and in 
case of his absence a temporary president 
nav be elects by the board to preside. Any 
Juember may resign his office by written resig- 
nation sent to the mayor. If any member of 
said board of docks shall cease to reside in 
the city of New York, as constituted by this 
act, his office as a member of said board shall 
bcccme vacant. 

Aniiiinl report: <*oii(eu(s. 

Sec. 829. The board of docks shall annually 
present to the mayor of the city a report con- 
taining: 1. The name, occupation, and com- 
pensation of ail officers, clerks and agents ap- 
pointed and employed by said board. 2. A 
statement of the actions of the board of docks 
for the past year, classified with reference 
to the various subjects and duties which have 
engaged Us attention. 3. A list of the orders 
and rule^ made by said board of docks,. and a 
description of the contracts made by said 
board, the payments made by said board, and 
the purposes and amounts thereof, and the 
leases made by said board, for what. term, at 
what rent, to whom and for what property. 
Said board of docks shall at the time it pre- 
sents its said annual report to the mayor, also 
file wUh the civil service supervisory and 
examining boards of the city of New York a 
complete statement of the name, address and 
salary, or compensation of all persons .em- 
ployed in any capacity by said board of docks, 
w*hich shall be published in the City Record 
[and the corporation newspapers.] 


and adjoining any private wharf, pier, dock, 
bulkhead or land within the limits of the 
city of New' York, be deepened by excavating 
or removing the earth, mud, dirt or sand 
therefrom, and to cause the same to be done 
in such places and at such times as the said 
board may deem necessary and proper. ^ 

l*roperty and wharf property deflned. 

Sec. 833. The terras “property” and “wharf i 
property” whenever used in this chapter 
shall be taken to mean not only all wharves, 
piers, docks, bulkheads, slips and basins, but 
the land beneath the same, and all rights, 
privileges and easements appurtenant thereto, 
and such upland or made land adjacent to the 
said wharves, piers, docks, bulkheads, slips 
and basins, jurisdiction over wnich said up- 
land and made land may be assigned to the 
department of docks and ferries by the com- 
missioners of the sinking fund. 

J<ites for flontini;: hntliM. 

Sec. 834. The board of docks shall, upon 
the requisition of the respective borough 
presidents, [commissioner of public build- 
ings, lighting and supplies,] furnish free of 
charge in the vicinity of such locations [lo- 
cation] as shall be designated by such pres- 
idents respectively [said commissioner] ac- 
cessible, convenient and safe berths for 
mooring the free floating baths authorized 
by law. 

Public markets and wIiarvcM. 


piers on the lower stories thereof shall be 
open to use to boate and vessels plying up- 
on canals, rivers and lakes of this state which 
may bring merchandise to the city for eale 
therein. The occupation of positionts by "boats 
at the piers herein mentioned shall be under 
the control of the beard of decks, and order 
shall be maintained by the police authoritie.v 
of the city of New York in and around such 
portions of the said docks as may be set apart 
for recreation purposes aforesaid. Except as 
hereinbefore provided, no wharf, pier, bulk- 
head or ^ed shall oe required by ifae board 
of docks to be so constructed as to admit of 
the free public use of the roof thereof for 
purbeses of resort and recreation. 

Water front to be set apart for u.se of 
Are «leiiartmeiit. 

Sec 838. The board of docks, w'ith the con- 
sent and approval of the commissioned, of 
the sinking fund, is hereby authorized to set 
apart, for the permanent and exclusive use of 
the fire department of the city cf New York, 
so much of the water front owned by said 
city as shall be deemed necessary for the ex- 
clusive use of the said fire department of the 
city of New York. 

TITLE 2. 

PIERS, Skips A\l> \VH VUF VGE. 

SlieiiM for prolcffloii of proprrO upon 
plcr« or bnlkheadM; constmetloii of 
the .‘^nnie re>;iilate<l l>y board of 
d oekH. 


Seal. 

Sec. 830. The board of docks may adopt a 
common seal for said department of docks 
and ferries, and direct its use. Said seal shall 
be a device of the anns of the city cf New 
York surrounded by the words “Department 
of docks and ferries. The city of New York,” 
engraved upon a metal disk two and one- 
quarter inches in diameter, and the same may 
be renewed whenever necessary. .\n impres- 
sion of such seal made directly on paper shall 
be as valid as if made on a wafer or on wax. 

Every lease, contract or other instrument, 
executed in pursuance of any authority con- 
ferred on said board of docks by law', and 
sealed with such seal, attested and proved 
according to law by the secretary appointed 
by said board, shall be received in evidence, 
and may be recorded in the proper recording 
offices in the same manner and with the like 
effect as if sealed with the seal of the corpor- 
ation of the city of New York, attested and 
proved by the clerk thereof. 

liHiiUs iiiicler -^vater owned by 8tnte. 

Sec. 831. The commissioners of the land of- 
fice are hereby authorized to convey by proper 
instiuments, in writing, necessary for the 
purpose, all the property, right, title and in- 
terest of the people of the state of New York, 
in and to the land under water, which the 
board of docks may deem necessary for the 
construction of wharves, docks, piers, bulk- 
heads, basins aud slips, under this chapter, 
whenever said commissioners may be required 
by said board of docks to make such convey- 
ance to the city of New York. But such con- 
veyance shall be made after compliance with 
such reasonable rules and regulations as the 
said commissioners of the land office are now 
cr^nowered to rr-ake by law; and nothing in 
this chapter shall be so construed as to re- 
move or limit the powders and duties of the 
said commissioners as now conferred upon 
them by the statutes of the state and as pre- 
scribed in other sections and provisions of 
this act. 

May deepen water ndjoiiiiiig: wharf, 

ete. 

Sec. 832. It shall be lawful for the board of 
docks to order and direct that the water near 


Sec 835. It shall be lawful for the city of 
New York, in case it shall find it necessary, 
to cause public markets to be erected and 
kept over the waters of the East and North 
rivers adjoining to any of its docks or 
wharves; provided, that such markets shall 
not interfere w'ith the ttow of the waters of 
the said rivers, nor be built beyond the pier 
or bulkhead line established by law. 

DookM to be net apart lor street oleaii- 

iii|^ department and board of health. 

Sec. 836. The board of docks shall desig- 
nate and set apart for the use of the depart- 
ment of street cleaning, the board of health 
and other'City departments, suitable and suf- 
ficient wharves, piers, bulkheads, slips and 
berths in slips for the use of said depart- 
ments. 

Setting' apart piers for recreation. 

Sec. 837. The board of docks is hereby au- 
thorized to set apart the following piers in 
the city of New York, to wit; A pier at or 
near the foot of Perry street, on the Hudson 
river, and such other piers along the Hud- 
son river water front and the Bast river 
water front of the said city, ae the said board 
of docks shall deem, from time to time, nec- 
essary for the use of the inha'bkants of the 
city of New York, as hereinafter provided, 
and for the convenience of dealers in country 
produce and other merchandise transported 
to the city of Now York for sale. 

The purpose of this section is to afford the 
inhabitants of the city of New York greater 
opportunity for healthful recreation than they 
now possess, and to accomplis'h such end the 
said board of docks is hereby authorized to 
construct or rebuild the piens set apart under 
the provisions' of this section for public use 
in such manner as shall provide a platform 
or upper story thereof, and the approaches 
thereto shall be constructed under the direc- 
tion of a skilled architect, who shall be em- 
ployed by ;=aid board of docks for that pur- 
pose. The intention hereof being to permit 
the upper story cf each one of the piers here- 
in authorized to be set apart for public use 
wholly free to the inhabitants of said city 
for the purpose aforesaid without interfer- 
ence with business occupations, and the said 


Sec. 844. Whenever any person, company 
or corporation, engaged in the business of 
steam transportation, shall be owner or les- 
see of any pier or bulkhead in the city of 
New York, and shall use and employ the same 
for the purpose of regularly receiving and 
discharging cargo thereat, it shall be lawful 
for such owner or for such lessee, with the 
consent of the lessor, to erect and maintain, 
upon such pier or bulkhead, sheds for the pro- 
tection cf property so received or discharged, 
provided they shall have obtained from the 
board of docks, in said city, license^or author- 
ity to erect or maintain the same, and sub- 
ject to the conditions and restrictions con- 
tained in such license or authority; but when 
such license or authority has been granted 
and has been acted upon it shall not be re- 
voked by said board without the consent 
in writing of the mayor and of the commis- 
sioners of the sinking fund, after due hear- 
ing of such licensee. All sheds or structures 
erected or maintained upon any wharf or pier 
in the city of New York, as heretofore known 
and bounded, under any license or permit 
heretofore granted by the department of docks 
of said city, or hereafter erected or main- 
tained upon any wharf or pier in the city of 
New York, under any license or permit grant- 
ed by the board of docks of said city, are 
declared to be lawful structures, subject to 
the terms and conditions of the license or 
permit authorizing the same. Such sheds 
hereafter shall be constructed subject to the 
regulations and under the authority of the 
board of docks. Any such owner cr lessee of 
a pier or of a pier and bulkhead, or a part 
thereof, in respect to which the board cf 
docks shall have granted the license or au- 
thority herein specified, shall be entitled to 
the use of the premises so owned cr leased 
by them and no vessel shall be placed in 
any berth on such pier or bulkhead, or pai^t 
thereof, without the consent of such owner 
or lessee, during the continuance of such li- 
cense. The board of docks shall have power 
to build the above structures on any wharf 
or bulkhead belonging to the city of New 
York, and shall have power to lease the same, 
raid any lessee thereof shall have all the 
rights and privileges above granted. I'-o- 


TPIE CHARTER OF THE CITY OF XEW YORK. 


vided that all sheds or structures lawfully 
erected or maintained at the time this act 
takes effect upon any wharf or pier in any 
part of the territory embraced within the city 
of New York, as constituted by this act, are 
hereby declared to be lawful structures. 

Wharves, slip.s. etc., not to be used as 
dunii«in)£ grounds. 

Sec. S4D It shall not be lawful to permit the 
use as a dumping ground of any wharf, pie: 
or slip, or bulkhead adjacent thereto in the 
navigable waters of the East river, in the city 
of New York, which has heretofcre been used 
fcr the loading and discharging of sailing 
vessels regularly employed in foreign com- 
merce and having a draught of more than 
eighteen feet cif water. 

Storehouses, booth.s. shops, etc., on 

sheds not authorized. 

Sec. 846. Nothing in the two preceding sec- 
tions contained shall be construed to authcr- 
Ize the erection or maintenance on any pier 
of any storehouses, booths, shops, or other 
structures than the sheds mentioned in the 
last .section but one, with the proper door.s 
and gates appertaining thereto, nor to im- 
pair any powers ccnfeTred upon the board of 
docks, except as provided by said section. 

Onices ahullshed. 

Sec. 847. The offices of captain of the port of 
New York and of harbor masters of the port 
of New York are hereby abolished. The dock 
masters appointed by the board of dock." of 
the city of New York, as constituted by this 
act, shall be vested with all the powers and 
shall perform a'.I the duties conferred or im- 
posed upon the dock masters appointed by the 
commissioners of docks of the city of New 
York, as heretofore known and bounded, by 
chapter 199 of the laws of 1888 and the acts 
amendatory thereof and supplementary there- 
to. 

Dock iiin.^tcrw! certain lunverw of. 

Sec. 848. The dock masters appointed by the 
board of docks of the city of New York shall 
be ve.sted with all the powers and perform all 
the duties conferred on or imposed upon the 
harbor masters of the port of New York by 
a certain act. entitled, "An act to provide 
for the appointment of a captain of the port 
of New York and harbor masters of the port 
C'f New York, and defining and regulating ihe 
powers and duties and compensation of said 
officers, and repealing chapter four hundred 
and eighty-seven of the laws of eighteen 
hundred and sIxty-two,” passed May 4, 1883. 
and known as chapter three hundred and fif- 
ty-seven of the laws of eighteen hundred and 
eighty-three. 

Nothing in this section contained shall en- 
title the said dock masters to any additional 
compensation for performing the duties and 
exercising the powders hereby imposed and 
conferred. Each of said dock masters shall 
personally perform the duties assigned to 
him by the board of docks. He shall not ap- 
point any deputy, or assistant, or delegate 
the powers of his office to any person or 
persons whatever. He shall not collect any 
fees except such as are now or may be 
authorized by law, and which shall be speci- 
fied by the board of docks. He shall not take 
or receive, directly or indirectly, any money, 
or thing of value or compensation for his serv- 
ices, or on account of the exercise of his 
powers of office, except as now provided, or 
which may hereafter be provided by law and 
the regulations of the board of docks. 

•Vny dock master violating any of the pro- 
visions of this section shall, upon conviction 
thereof by any court of record, be punished 
by a fine of five hundred dollars, and in ad- 
dition thereto may, in the discretion of the 


court, be imprisoned in the county jail f-.:r a 
terra not exceeding thirty days. 

IteilMMIlI of OllStl-lIvtioilN, PiV., fl-<»Ill 

Iders, etc. 

Sec 849. Whenever any pier, wharf or bulk- 
head In the city of New York shall be Incum- 
bered or obstructed in Its free use by mer- 
chandise, or by any material not affixed to 
such pier, wharf or bulkhead, the board of 
docks’ is hereby authorized to require the 
owner, consignee or person In charge of such 
merchand'se or material to remove the samo 
without any unnecessary delay, and the said 
board shall have power, from time to time, 
to make such general rules and regulations 
and give such directions as will secure dis- 
patch in loading and unloading vessels and 
the prompt removal of the same from the 
piers as soon as completed, and also such 
as shall be necessary to prevent any un- 
necessary accumulation of freight or mer- 
chandise upon any pier or wharf, while any 
vessel shall be engaged in receiving or dis- 
charging her cargo; provided, however, that 
the power hereinbefore conferred shall not 
be exercised in reference to any obstruction 
or incumbrance upon any pier or wharf occu- 
pied by any regular line of steamboats or 
steamships, or by any railroad company, ex- 
cept upon the written request of the occupant 
or le.ssee of such pier or wharf. 

of cnrrj’iiijf out last .sccllon. 

See. 850. Whenever the board of decks shall 
nialco any order to give any direction in pur- 
suance of the power conferred by the last 
preceding section, it .shall be the duty of the 
owner, consignee or person in charge of the 
merchandise, property or vessel in reference 
to which such erder or direction is given, to 
comply with the same without any unreason- 
able delay, r. in default thereof, the said 
board of d-r- ^ may employ such laborers and 
assistance a may be necessary to carry out 
such order or direction, by the removal of the 
material, merchandise or vessel in reference 
to which the same was given; and all ex- 
penses actually and necessarily incurred in 
effecting such removal shall be paid by the 
owner, consignee or person in charge of the 
material, merchandise or vessel so removed, 
and the amount thereof shall be a lien upon 
the same in favor of the board of docks and 
may be enforced in the same manner and by 
the .same proceedings as liens on vessels are 
enforced by warrant of attachment, under and 
pursuant to the provisions of the act enti- 
tled “An act to provide for the collection of 
demands against ships and vessels,” passed 
April twenty-fourth, eighteen hundred and 
sixty-two, and all the provisions of said act, 
so far as the same can be made applicable, 
shall apply to the liens hereby created; and 
the said board shall, for the purposes of this j 
section, be deemed a creditor of said owner, j 
consignee or person in charge, and each of | 
them, for the amount of the expenses so In- ; 
curred, and may have and maintain an ac- 
tion against them, or either of them, to re- 
cover the same. 

ReinovnI of obstructions, coulinued. 

Sec. 851. Whenever any pier or bulkhead or : 
marginal street, wharf or place in the city 
of New York shall be incumbered, or its free ! 
use interfered with by merchandise, lumber, 
trucks, wagons or any other obstruction, 
whether of loose materials or built upon or 
affixed to the pier or bulkhead or marginal 
street, wharf or place without authority of 
law, it shall be the duty of the board of docks 
to notify the person or persons placing oi 
keeping such merchandise or other obstruc- 
tions on -such pier or bulkhead or marginal 
street, wharf or place, to remove such 


nr, 


, niercharidise or other obstructions with- 
I *n twenty-four hours after such nc- 
j tlce; and in case of failure to comply with 
I such notice and to remove such merchandise 
1 or obstruction, the per.on or persons so notl- 
j fled shall bo liable to pay to ihe bo.<ird of 
! dock.s the sum of twenty-five dollar.? for each 
j and cvei'y day during which such ir<r. ’handi.se 
or obstruction shall remain on such pier or 
I bulkhead or marginal street, wharf or place 
And the beard of docks shall have power, id 
Us discretion, to remove any merchandise, 

' lumber, trucks, wagnns or any other obstruc- 
j tion so incumbering any plor or bulkhead, or 
marginal street, wharf cr place, and to store 
the same in a warehouse or ether proper re- 
I ceptacle, and a sum equal to the amou.nt of 
I the expenses of removal, together '.ith the 
j charges tor storage, shall be paid by the 
I owner of such merchandise .‘o the boai-d of 
. d-.-’Cks, and shall be a lien on such tiierchan- 
1 dise until paid. 

j Slorag-e of ob.striit-tioiiM. 

Sec. 852. W'henever merciiandise discharged 
from a vessel and incumbering a bulkhead or 
pier, in the port of Nevr York, shall not, in 
the judgment of the said board of docks, be 
of sufficient value to pay the expenses of ,e 
moval and storage, as provided in the last 
preceding section, such merchandise shall be 
removed and stored at the expense of the 
owner, consignee. or_ master of the ship or 
vessel from which such merchandise shali 
have been discharged. 

: Yiifliiiiixea lucrelinutlise (o !»e julvor- 
; fi.Keil. 

j Sec. 852. .\t the expiivAioii of every six 
1 months it shall be the duty of said board of 
I docks to adverti.se, for one week in the City 
Record [and the corporation newspapers] the 
I merchandise, lumber, trucks, wagons or other 
I obstruction which they have stored and which 
has remained unclaimed, setting forth the 
marks and numbers of each package, or parcel, 
the description of the merchandise, or ma- 
j terial, the pier whence such merchandise was 
removed, and the date of such removal, and 
if any of such merchandise or material so ad- 
vertised shall remain thereafter unclaimed f:r 
three months, said board of docks may then 
sell the same, after further advertisement for 
cne week in the City Record [and the corpor- 
ation newspapers,] at public auction, to the 
highest bidder, to pay the expenses which 
have been incurred on such merchandise, lum- 
her, trucks, wagons or other obstruction, and 
the remainder shall be held in trust by the 
said board for the owner or owners thereof, 
for twelve months, when, if not claimed, it 
shall be paid over to the commissioners of 
the sinking fund. 

t'nnal lioate; territory appropriated to. 

Sec. 854. All that part of the water adjacent 
to the wharves of the city of New York, aa 
heretofore known and bounded, from the west 
side of pier No. 3. to and including the 
east side of pier Nc. 8, East river, shall here- 
after from the 20th day of March to the 31st 
day of December in each year, be set apart, 
kept and reserved for the exclusive use and 
accommodation of canal boats and barges en- 
gaged in the business of transporting property 
on the Hudson river, or coming to tide water 
from the canals of the state, arriving in said 
city from the city oi Albany or any part or 
place north, or west thereof, and for the use 
,of lighters engaged in loading or unloading 
such boats or barges; and it shall be the duty 
of the board of docks and of all officers who 
now are or hereafter shall be empowered by 
law, or by any ordinance of the city of New 
York, as constituted by this act, to regulate 
or .station ships and vessels in the harbor of 
said city, to prohibit, and prevent all other 


THE CHARTER OV THE CITY OF NEW YORK 




boats, ships or vessels from entering any of 
the slips or approaching or lying at any of the 
wharves between the piers aforesaid, during 
the period above specified, when such slips or 
the wharves connected therewith shall be re- 
quired for the use and accommodation of the 
canal boats and barges hereinbefore men- 
tioned; and the said board of docks, or other 
officers, aforesaid, shall assign such other ac- 
commodations for said canal boats and barges 
In other parts of the port of New York, as may, 
from time to time, be necessary in receiving or 
discharging their cargoes. 

Derricks for anloadiiig' cannl boats 

authorized. 

Sec. 855. It shall be lawful for the propri- 
etors of any regular line of canal boats or 
barges using the waters within the limits 
aforesaid, or any other limits to which they 
may be assigned, as provided in the preceding 
section, to erect and maintain upon any of the 
piers, or wharves adjacent thereto, suitable 
derricks, to be used by said proprietors and 
their employes in loading and unloading said 
canal .boats and barges; no derrick or struc- 
ture so erected shall be deemed an obstruc- 
tion or incumbrance upon such pier or wharf, 
wi:hin the meaning of any statute or ordi- 
nance prohibiting the incumbering or ob- 
structing any such pier or wharf, or authoriz- 
ing the removal of obstructions or incum- 
brances upon the same. 

Oceupatioii of waters by ships not en- 
titled thereto. 

S?c. 856. Whenever any portion of the wa- 
ters mentioned m the last section but one 
shall be occupied by any ship or vessel not 
entitled to occupy the same according to the 
provisions of that section, and the proprietor 
or proprietors or person in charge cf any of 
the canal boats or barges specified in said sec- 
tion, shall desire to use the berth or slip oc- 
cupied by such ship or vessel, it shall be the 
duty of said board of docks, upon the request 
of the proprietor or consignee or person in 
charge of said canal boat cr barge forthwith 
to remove such ship or vessel as far as may 
be necessary to accommodate such canal boat 
or barge. If the said board of docks to which 
such request is made shall neglect or refuse 
wo cc:^;.!y with the same, the members thereof 
shall, for each such neglect, or refusal, joint 
ly forfeit and pay to the proprietor or pro- 
prietors of the canal boat or barge, in refer- 
ence to which request was made, the sum of 
fifty dollars, to be sued for and recovered by 
and in the name of such proprietor or pro- 
prietors, for his or their use and benefit in 
any court of competent jurisdiction. 

Failure fo remove when ordered; 

peiinlt y. 

Sec. 857. Any person in command or in 
charge of any ship or vessel which the board 
of docks is authorized and required to re- 
move, as specified m ihc last preceding sec- 
tion. who shall neglect or refuse to comply 
with any order or direction of the said board 
In reference to th-i- removal thereof, or who 
shall resist or obstruct the removal of such 
ship or vessel, shall, for every such offence, 
forfeit and pay the sum of $50, to be sued 
for and recovered, with costs, by and in the 
name of said board of dock-i la any court cf 
competent jurisdiction. 

< ertnin docks and piers »ot apart for 

garden produce. 

Sec. 868. The docks, piers and bulkheads on 
the Hudson river from Gansevoort street to 
Jattle West Twelfth street, shall be set apart 
by the board of docks, or such department as 
shall have control thereof, and kept for the 
use of boats, barges and other vessels engaged 
In the business of transportating farm and 


garden produce, at such rates of wharfage 
as have been, or shall be lawfully established, 
and said board of docks, or other department, 
having control of said docks, piers and bulk- 
heads, may from time to time, when said 
docks, piers or bulkheads are not in actual 
use for the purposes above mentioned, allow 
the same to be used for other and additional 
purposes, and they are hereby authorized and 
empowered at any such time to designate and 
appropriate any or all of said docks, piers 
or bulkheads for any public or general use, 
and such designation or appropriation shall 
be subject at any time to revocation by said 
board or department making the same. 

AVliarfage and dockage rates ennmer- 
ated. 

Sec. 859. It shall be lawful to charge and 
receive, within the city of New York, wharf- 
age and dockage at the following rates, name- 
ly: From every vessel that uses or makes 
fast to any pier, wharf, or bulkhead within 
said city or makes fast to any vessel lying 
at such pier, wharf, cr bulkhead, or to any 
other vessel lying outside of such vessel, for 
every day or part of a day, except as herein- 
after provided, as follows: From every ves- 
sel of two hundred tons burden and undei, 
two cents per ton; and for every vessel over 
two hundred tons burden, two cents per ton 
for each of the first two hundred tons burden 
and one-half of one cent per ton for every 
additional ton, except that, save as herein- 
after provided, vessels known as North river 
barges, market boats and barges, sloops em- 
ployed upon the rivers and waters of this state 
and schooners exclusively employed upon the 
rivers and waters of this state shall pay for 
every such vessel under the burden of fifty 
tons, at the rate of fifty cents per day; for 
every such vessel of the burden of fifty tons 
and under the burden of one hundred tons, 
at the rate of sixty-two and a half cents per 
day; for every such vessel of the burden of 
one hundred tons and under the burden of 
one hundred and fifty tons, at the rate of 
seventy-five cents per day; for every such 
vessel of the burden of one hundred and fifty 
tons, and under the burden of two hundred 
tens, at the rate of eighty-seven and a half 
cents per day; and for every such vessel of 
the burde-« cf two hundred tons and under 
the burden of two hundred and fifty tons, at 
the rate of one hundred cents per day; for 
every such vessel of the burden of two hundred 
and fifty tons, and under the burden of three 
hundred tons, at the rate of one hundred and 
twelve and a half cents per day; for every 
such vessel of the burden of three hundred 
tons, and under the burden of three hundred 
and fifty tons, at the rate of one hundred and 
twenty-five cents per day; for every such ves- 
sel of the burden of three hundred and fifty 
tons, and under the burden of four hundred 
tons at the rate of one hundred and thirty- 
seven and a half cents per day; for every such 
vessel of the burden of four hundred tons, 
and under the burden of four hundred and 
fifty tons, at the rate of one hundred and fifty 
cents per day; for every such vessel of the 
burden of four hundred and fifty cons, and 
under the burden of five hundred tons, at 
the rate of one hundred and sixty-two and a 
half cents per day; for every such vessel of 
the burden of five hundred tons and under 
the burden of five hundred and fifty tons, at 
the rate of one hundred and seventy-five cents 
per day; for every such vessel of the burden 
of five hundred and fifty tons, and under the 
burden of six hundred tons, at the rate of 
one hundred and eighty-seven and oue-half 
cents per day; for every such vessel of the 
burden of six hundred tons and upward, to 
pay twelve and a half cents, in addition for 
every fifty tons in addition to the rate last 


mentioned, for every day such ship or vessel 
shall use or be made fast to any of the said 
wharves; but no boat or vessel over fifty tons 
burden shall pay less than fifty cents for a 
day or a part of a day, and the class of sail- 
ing vessels now known as lighters shall be^at 
one-half the first above rates. Every other 
vessel making fast to a vessel at any pier, 
wharf or bulkhead within said city, or to an- 
other vessel outside of such vessel, or' at 
an anchor within any slip or basin, when not 
receiving or discharging cargo or balla’st, 
one-half the first above rates; and from ev^ry 
vessel or floating structure, other than those 
above named, or used for transportation- of 
freight or passengers, double the first above 
rates, except that floating grain elevators 
shall pay one-half the first above rates; and 
every vessel that shall leave a pier, - w^harf, 
bulkhead, slip or basin, without first pay- 
ing the wharfage or dockage due thereon, 
after being demanded of the owner, consignee 
or person in charge of the vessel, shall be li- 
able to pay double the rates established *by 
this section. 

Id.; on vessels in clam or o>Mter trade* 

Sec. 860. Vessels of two hundred tons bur- 
den and under, w^hich shall be actually en- 
gaged in the clam cr oyster trade, and which 
shall make fast to any pier, w’harf or bulk- 
head within the city of New York, shall pay 
one and cne-half cents per ton per day, and 
every such vessel which shall make fast to 
another vessel lying at any such pier, 
wharf or bulkhead, or to any vessel ly- 
ing outside of such vessel, or that 
shall anchor within any slip or basin 
in said city shall pay one cent per ion per 
day; provided, how'ever. that no vessel shall 
pay less than twenty-five cents nor less than 
one day’s w'harfage, nor shall more than dne- 
day’s w’harfage be charged unless for a con- 
tinuous use of the pier, wharf, bulkhead, slip 
or basin of more than twenty-four hours. 
The board cf decks may grant permits for 
vessels or floating structures engaged in the 
oyster business and used for the receipt, 
preparation and opening of oysters and other 
shell fish to remain continuously moored to 
or at any of the docks, piers and bulkheads 
within the city of New York, not otherwise 
specifically appropriated by law to the sole 
use of other kinds of commerce, upon such 
terms as to w’harfage and otherwise, and sub- 
ject to such regulations as said board may 
prescribe. All permits so granted by such 
board shall be subject at any time to revoca- 
tion by it. Upon any such permit being 
granted the person or persons, or corporation 
receiving the same, shall be entitled to moor 
such vessels or floating structures, continu- 
ously and until such permit shall be revoked, 
to or at the dock, pier or bulkhead designated 
in such permit for that purpose subject to the 
terms of such permit; provided, however, that 
where the city of New^ York is not the owher 
of the dock, pier or bulkhead designated'fn 
such permit, the consent of the owner or own- 
ers of the same, cr of the person or pers^lJrs 
entitled to collect w'harfage therefrom, shail 
have been obtained. * 

Id.; canal bont» and vessels carrying 

brick. 

Sec. 861. Every canal boat and every vessel 
engaged in freighting brick on the Hudson 
river occupyingaberth next to any pier, whjirf, 
or bulkhead in the city cf New York, and en- 
gaged in delivering cargo upon said pier, 
wharf, or bulkhead, cr receiving cargo there- 
from, shall pay wharfage at the rate of fifty 
cents for every day or par: of a day while .so 
engaged; but when unloaded such canal boats 
or vessels aforesaid shall pay wharfage at the 
rate of thirty cents per day or part thereof; 
but no canal boat or vessel lying in any. slip 


THE CHARTER OF THE CITY OF NEW YORK. 


07 


TITLE 3. 


between two adjacent piers sSall Pe required 
to pay full wharfage to the owners or leasees 
of both said piers for the same day, notwith- 
standing such canal boat or barge may, during 
said day, have changed her location between 
said piers; provided that they shail pay one- 
half rates to each owner or lessee when they 
have changed their locations between said 
piers; and the word "day,” whenever it oc- 
curs in this and the last preceding section, 
shall be taken and construed to mean twenty- 
four hours. 

Rates for g^ooils, etc., roiiialnlng on 
pier or wharf. 

Sec. 862. It shall be lawful for the owners 
or lessees of any pier, wharf or bulkhead 
within the city of New York, to charge and 
collect the sum of five cents per ton on ail 
goods, merchandise, and materials remaining 
on the pier, wharf or bulkhead owned or 
leased by him, for every day after the ex- 
piration of twenty-four hours from the time 
such goods, merchandise and materials shall 
have been left or deposited on such pier, 
wharf or bulkhead and the same shall be a 
lien thereon. 

Rates to be printed In wharfage bills. 

Sec. 863. It shall be the duty of every per- 
son owning or having charge of any pier, 
wharf, bulkhead, or slip in the city of New 
York to cause to be printed on the backs of 
all bills presented by them for wharfage, 
section 859 of this act, and the owner, 
consignee or person in charge of any vessel 
shall not be required to pay the wharfage or 
dockage due on such vessel unless upon his 
demand the bill printed in conformity with 
this section is presented to him. Any person 
owning or having charge of any pier, wharf, 
bulkhead or slip ar. aforesaid w’ho shall re- 
ceive for wharfage any rates in excess of those 
now authorized by law shall forfeit to the 
party aggrieved treble the amount so charged 
as damages, to be sued for and recovered by 
the party aggrieved. 

AVhat waters Incltided In port of New 
York. 

Sec. 864. The port of New York, wherever 
the same is mentioned or referred to in this 
chapter, shall be deemed and taken to include, 
unless otherwise expressly stated, all the 
waters of the North river and East river and 
the harbor embraced within or adjacent to or 
opposite to the shores of the city of New 
York, as constituted by this act. 

Atldllloiinl aeeomnioilatione for canal 
boats. 

Sec. 865. The board of docks shall, in addi- 
tion to the piers and waters especially as- 
signed thereto by iaw, assign such accommodar 
lions for canal boats and barges engaged in 
the business of transporting property on the 
Hudson river, or coming to tide water from 
the canals of the state, or arriving in said I 
port from Albany, or any place north or west 
thereof, as may from time to time be neces- 
sary in receiving and discharging their 
cargoes. 

I’cnnlfy for vessels wrongfiilly enter- 
liig- canal boat territory. 

Sec. 866. No vessel, other than canal boats, 
barges or lighters receiving or delivering 
property from or to said canal boats or 
barges, shall use or enter 'nto for the purpose 
of using any part of the pert of New York 
set apart for the use of canal boats and barges 
without the written consent of the board o' 
docks had and obtained therefor, and then 
on'.y between the first day of January and 
twentieth day cf .March in e.ach year, and 
when not occupied by canal boats, under a 


penalty of one hundred dollars for every day 
that such vessel shall remain in said part 
of said port so set apart after being noitifted 
to leave by the said board, and said penalty 
shall be a lien upon any such vessel, and be 
enforced by proceedings against it, instituted 
by and in the name of the said board of 
docks according to the provisions of the laws 
of this state concerning attachments against 
vessels. 

Powers of dock inanters to ns.<«ig'ii and 

pegnlatc stations for vessels; iienalty 

for refnslng: to obey direction. 

Sec. 867. Each dock master appointed by the 
board of docks shall have power, within the 
district assigned to him, subject to the other 
provisions of this act. to provide and assign 
suitable accommodations for all ships and 
vessels, and regulate them in the stations 
they are to occupy at the w'harvec or in the 
stream, and to remove from time to time such 
vessels as are not employed in receiving or 
discharging their cargoes, to make room for 
such others as require to be more immediate- 
ly accommodated for the purpose of receiving 
or discharging their cargoes, and shall have 
power to determine as to the fact of their 
being fairly and in good faith employed in re- 
ceiving or discharging their cargoes, and 
shall have authority to determine how far 
and in what instance it is the duty of the 
master and others having charge of ships 
and vessels to accommodate each other in 
their respective situations. And if any mas- 
ter or any person having charge of any ves- 
sel, canal boat, barge, or lighter shall refuse 
or neglect to move his vessel, canal boat, 
barge or lighter when ordered to do so by a 
dock master, or shall resist or forcibly op- 
pose said officer in the discharge of his 
duties, such master or persons so refusing, 
neglecting, resisting or opposing, shall, for 
every offense, forfeit and pay the sum 
of fifty dollars to be recovered with cost.s 
of suit, by and in the name of the board of 
docks before any court having cognizance 
thereof. 

False iirrsuiiaiioii of dock masters. 

Sec. 868. Any person who shall falsely rep- 
resent himself to be a dock master, or 
wiongfully perform the duties of dock mas- 
ter, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be impris- 
oned in the county jail for a term not ex- 
ceeding sixty days and fined, in the discre- 
tion of the court, a sum not exceeding twen- 
ty-five dollars. 

Violations to be reported. 

Sec. 869. It shall be the duty of the dock 
masters appointed by the board of docks to 
report to said board all violations of any of 
the provisions of this chapter and of the 
rules and regulations of the board of docks 
which may come to the knowledge of said 
dock masters or which may be known to 
them by complaint or otherwise. 

Floating; docks nntborized. 

Sec. 870. It shall be lawful for the floating 
docks of the New York Balance Dock com- 
pany and of the New York Floating Dry 
Dock company to be used, with the consent 
of the owners of the piers or bulkheads, 
respectively occupied for such use, or of the 
persons entitled to collect wharfage for such 
piers or bulkheads, for the purpose of taking 
up ships and vessels for repair, coppering or 
finishing, in the manner heretofore prac- 
ticed in the port of New York, subject to the 
authority established by this act to regulate 
by ordinance the use of the slips, piers and 
wharves of the city of New' York. 


GENERAL PROVISIONS. 

Grantn of land under water restricted. 

Sec. 876. No grants of land under water 
shall be made by the [municipal as- 
sembly] board of aldermen of The City 
of New \ York, or by any officer, board 
or department thereof, beyond the exterior 
lines of the city of New York, as fixed by an 
actof the legislature, passed April seventeenth, 
eighteen hundred and fifty-seven, entitled, 
"An act to establish bulkhead and pier lines 
for the port of New York,” as amended by 
subsequent acts, unless as expressly author- 
ized by acts passed subsequent thereto. 

Time for imitroving; lands adjacent to 
water on Mnriem river. 

Sec. 877. The period of time fixed for the 
appropriation to the purposes of commerce by 
the construction of a dock or docks, and 
filling in the same, in all letters patent is- 
sued by the people of the state cf New York 
to the owners of the adjacent upland for 
lands under water and between high and 
low water mark in front of and adjacent to 
the lands of the said owners of the adjacent 
upland on the easterly shore of the Harlem 
river, is extended until two years after the 
time when plans for the improvement of 
said river shall have been or shall be com- 
pleted by the proper authorities, and cop- 
ies of such plans, filed, one in the office of 
the register of the county of New York, and 
one in the office of the secretary of state at 
Albany. 

Dumping' snow and iec from x>icra. 

Sec. 878. It shall be lawful for the commis- 
sioner of street cleaning to cause to be 
dumped, or authorize to be dumped, snow 
and ice between the piers near their inshore 
ends, into the waters of the East and North 
or Hudson rivers. 

InJuricN to vessels lying at exterior 
end of wharf. 

Sec. 879. It shall not be lawful for any 
vessel, canal boat, barge, lighter or tug to 
obstruct the waters of the harbor by lying 
at the exterior end of wharves in the waters 
of the North or East river, except at their 
own risk of injury from vessels entering 
or leaving any adjacent dock or pier; any 
vessel, canal boat, barge, lighter or tug so 
lying shall not be entitled to claim or de- 
mand damages for any injury caused by any 
vessel entering or leaving any adjacent pier. 

Ortain siihstnncos not to lie dnmxicd 
ill port of New York. 

Sec. 880. The placing, discharging or de- 
positing, by any process or in any manner, of 
refuse, dirt, ashes, cinders, mud, sand, dredg- 
ings, sludge acid, or any other refuse mat- 
ter, floatable or otherwise, in the tidal waters 
of the pert of New York as defined by this act, 
except under permit of the United States su- 
pervisor of the harbor, is hereby strictly for- 
bidden, and every person violating the fore- 
going provisions shall be deemed guilty of a 
misdemeanor, and cn convictlcn thereof shall 
I be punished by a fine of not more than two 
hundred and fifty dollars nor less than five 
dollars, or imprisonment for not more than 
six months nor less than ten days, one-half 
of said fine to be paid to the person or persons 
giving information which shall lead to the 
conviction of such misdemeanor. 

Scow.>t lo receive ashen, etc., from 
steam liiR's anil vessels. 

Sec. 881. The various scows employed by 
the city of New York, or by the contractors 
for removing ashes, garbage and refuse of 


V 


98 


THE CHARTER OF THE CITY OF NEW YORi:. 


said city, while moored at the various dump- 
ing boards of said city are hereby designated 
and required to receive directly any and all 
ashes cr rubbish from any steam tug or 
vessel in the harbor, and in addition 
to the foregoing provisions two or more scows 
shall be located at such points within the 
harbor as the supervisor of the harbor may 
direct for the special use of boats and ves- 
sels wishing to discharge ashes or rubbish. 

CHAPTER XVII. 

TAXES AXD ASSESS.MEXTS. 

Title 1. Department of taxes and assessments; 
powers and duties. 

2. Assessments for local improvements 
other than those confirmed by a 
court of record. 

3.. Vacating and modifying assessments 
for local Improvements other than 
those confirmed by a court of rec- 
ord. 

4. Opening streets and parks. 

5. Sales of lands for taxes, assessments 

and water rates. 

TITLE 1. 

DEPARTMEXT OF TAXES AXI) ASSESS- 
MEXTS, POWERS AXD DUTIES. 

One of the tleimrtnienttt of the city. 

Sec. 884. The department of taxes and as- 
sessments shall be one of the departments in 
said city. 

Department; lion- composed; term and 
salaries. 

Sec. 885. The head of the department of 
taxes and assessments shall be called the 
board of taxes and assessments. Said board 
shall consist of a president, who shall be des- 
ignated in his appointment, and four other 
persons, one of whom at least shall be a 
person learned in the law, who shall be call- 
ed commissioners of taxes and assessments. 
[The president unless sooner removed, shall | 
hold his oflice for the term of six years, and 
until his successor shall be appointed and 
has qualified. The other commissioners shall, 
unless sooner removed, hold their respective 
offices for the term of four years, and until 
their successors shall be appointed and have 
qualified. The commissioners first appointed 
under this act shall hold oiTice by designation 
of foe mayor for terms of one, two, three and 
four years respectively. The commlssicners 
thereafter appointed shall Cold office for the 
term of four years.] The salary of the presi- 
dent shall be eight thousand dollars a year, 
and the salary of each of the other commis- 
sioners seven thousand dollars a year. 

Devolution of power. 

Sec. 886. All of the rights, powers and du- 
ties heretofore devolved by law upon the 
board of taxes and assessments in the city of 
New York, upon the department of assess- 
ment of the city of Brooklyn, and upon like 
departments, boards or officers of taxes and 
assessments other than for street improve- 
ments in the other municipal and public cor- 
porations or parts of municipal and pqblic 
corporations consolidated by this act with the 
municipal corporation known as the mayor, 
aldermen and commonalty of the city bf New 
York are hereby devolved, unless otherwise | 
herein expressly provided, upon and vested [ 
in the board of taxss and assessments in the j 
city of New Ycrk. 

Deputy fax eoinnils.^ioners; how ap- 
pointed; tlieir duties, term of oflice 
and salary. 

Sec. 887. The board of taxes and assess- 
ments shall appoint persons to be known as 
deputy tax commissioners, not exceeding forty 


in number, who shall perform, under the di- 
rection and supervision of the board of taxes 
and assessments, such duties as the said board 
shall prescribe. The said board shall give 
I such directions to the deputy tax commission- 
ers as it shall think expedient to secure in 
all the boroughs and parts of the city equal- 
ity of valuations of property fcr the purposes 
of taxation, [such deputy tax commissioners 
shall hold their cffice during the pleasure of 
the said board of taxes and assessments, and 
shall be subject to removal by the said board 
as deputies in the other city departments.] 
The number of deputy tax commissioners 
above prescribed may frem time to time be 
increased by the appointment of the board 
of taxes and assessments, provided such in- 
crease is authorized by the board of estimate 
and apportionment. [The salary of each of 
said deputy tax commissioner shall be fixed 
by the board of taxes and assessment. 

-Apport ioniuent of deputy tax comiiiis- 

sioners among' the horoughs. 

Sec. 888. In making the appointments of 
the deputy tax commissioners the head of 
the department of taxes and assessments shall 
apportion such appointments as nearly as may 
be, among persons residing in the several 
beroughs created by this act, according to 
the population of the- several boroughs; and 
[the persons performing similar duties in the 
several boroughs, when this act takes effect, 
shall, so far as the board shall deem them fit 
and com.petent, be preferred for the said ap- 
pointment first to be made hereunder.] after 
the fir s t day of J anuary, nineteen hundred and 
two, no person sha ll be appointed to the of- 
fice of dep uty tax commissioner unless he 
shall be appointed to the office of deputy tax 
commissioner unless he shall be at the time 
he is appointed and shall have bee n for at 
least ona year prior the reto an elector and 
freeholder In the borough from which he is 
anpointed. No deputy tax commissioner shall 
be assigned to assess prope rty in any other 
borough th an that from which he is ap- 
pointed. exc ept by the unanimous vote of all 
the members of the board of taxes and as- 
se ssm e nts, and in that esse the reason for 
such assignment shall be stated in the min- 
utes of the board. 

Dejmty tax roiumtssinucrK; tiutics of 

ill a.sseHsiitg taxable property. 

Sec. 889. It shall be the duty of the deputy 
tax commissioners, under the direction of the 
board of taxes and assessments, to assess all 
the taxable property in the several districts 
that may be assigned to them for that pur- 
pose by said beard, and they shall furnish 
to the said board, under oath, a detailed state- 
ment of all such property, showing that said 
deputies have personally examined each and 
every house, building, lot, pier, or other as- 
sessable property, giving the street, lot, ward, 
town and map number of such real estate em- 
braced within said districts, together with 
the name of the owner or occupant, if known; 
(also, in their judgment, the sum for which 
said property under ordinary circumstances 
would sell), with such other information in 
detail relative to personal property or other- 
wise, as the said board may, from time to 
time require. Such deputies shall commence 
to assess real and personal estate on the first 
Tuesday of September in each and every year. 

Offices of the ffeiinrtiiieiit in the bop- 

ouglis. 

Sec. 890. There shall be an office of the de- 
partment of taxes and assessments in the 
borough of Brooklyn, a like office of the de- 
partment in the borough of Queens, a like 


office of the department in the borough of 
Richmond and a like office of the department 
in the borough of the Bronx; at which the 
duties of the department of taxes and assess- 
ments pertaining to the assessment of prop- 
erty in the said several boroughs shall, under 
the direction of the board cf taxes and assess- 
ments, be performed by such number of the 
deputy tax commissioners or other employes 
of the department cf taxes and assessments 
as the said department may decide to 
be necessary and assign to such duties. 
Such offices shall in law be a part of 
the main office, and the main office of 
the department of taxes and assessments 
shall be maintained in the borough of Man- 
hattan. The books, maps, assessment rolls, 
files and records pertaining to the depart- 
ment of taxes and assessments of the muni- 
cipality heretofore designated as the mayor, 
aldermen and commonalty of the city of New 
Ycrk, of the department of assessment of 
the city of Brooklyn and of each and every 
of the like offices in any of the municipal 
and public corporations, or parts cf muni- 
cipal and public corporations consolidated by 
this act with the municipal corporation of 
the mayor, aldermen and commonalty cf the 
city of New York, shall be delivered into and 
thereafter be in the custody and control of 
the department of taxes and assessments 
hereby constituted, to be kept in such of the 
offices of the said department as may be most 
cenvenient to the taxpayers and suitable to 
the proper discharge of the business of such 
department and shall be public records, and 
at all reasonable times open to public inspec- 
tion. 

Surveyor. 

Sec. 891. The said department of taxes and 
assessments shall appoint a surveyor from one 
of the city surveyors, whc;se duty it shall be 
to make necessary surveys and corrections of 
the ward maps, and also to make all new 
maps ■n-hich may be required for the more 
accurate assessment of real estate within the 
territory consolidated by this act with the 
municipal corporation known as the mayor, 
aldermen and commonalty of the city of New 
York. He shall hold his office at the pleasure 
of the department of taxes and assessments, 
and may have such assistants as the said de- 
partment may decide to be necessary and pro- 
vide. 

Annual recoril of assessed valuation; 

wliat to contain and when to be open 

for c.xnininntion and eorrectioli. 

Sec. 892. There shall be kept in the several 
offices established by the department of taxes 
and assessments books to be called "The an- 
nual record of the assessed valuation of real 

and personal estate of the borough of ,” 

in which shall be entered in detail the assessed 
valuations of such property within the limits 
of the several boroughs of thecltyof New York 
as established by this act, which said books 
shall be open for public Inspection, examina- 
tion and correction from the second Monday 
in January until the first [Monday] day of 
[May] April in each year; but on said last 
mentioned day the same shall be closed to 
enable the board of taxes and assessment to 
prepare assessment rolls of the several bor- 
oughts for delivery to the [municipal as- 
sembly] board of aldermen. The said board 
previous to and during the time the 
said books are open as aforesaid tor 
inspection shall advertise the fact in the 
City Record, [and in the corporation newspa- 
pers] and in such other newspaper or ne-ws- 
papers published in the several boroughs cre- 
ated by this act as may be authorized by the 
board of city record; [provided, however, 


THE CHARTER OF THE CITY OF NEW YORK 


99 


that for the year eighteen hundred and nine- 
ty-eight it shall be sufficient if said books 
be kept open from the first Monday of Febru- 
ary to the first day of May of that year.] 

Aiiiiiinl record «»f as.iesKed valnatloii of 
real and i>erHonal estate of eorpora- 
tiou.s to be kept in main ofHee. 

Sec. S93. The department of taxes and as- 
sessments shall cause to be prepared and 
kept in the main office of the department of 
taxes and assessments, books to be called 
“the annual record of the assessed valuations 
of real and personal estate of eorporations,” 
and it shall be the duty of . the deputy tax 
commissioners in the several districts in the 
several boroughs which may be assigned to 
them for that purpose by the board of taxes 
and assessments, to furnish to the depart- 
ment of taxes and assessments, under oath 
at their main office, at the time that such 
statement is filed in any office of the depart- 
ment of taxes and assessments’ in any borough 
other than in the main office in the borough 
of Manhattan, a duplicate detailed statement 
of the assessable property of corporations, both 
real and personal, which said statements of 
said deputy tax commissioners shall be en- 
tered upon the books to be kept in the main 
office of the department of taxes and assess- 
ments, to be known as the “annual record of 
the assessed valuation of real and personal 
estate of corporations.” 

AssesMecI vnliintloii €>f perMoiiul |>rop- 
erfy; botv to be entered. 

Sec. 894. The assessed valuation of alt per- 
sonal property shall be entered by said deputy 
tax commissioners, or by such other persons 
as may be assigned to that duty by the de- 
partment of taxes and assessments in its 
several offices, in books or rolls. In alpha- 
betical order, of the names of persons and 
corporations subject to taxation. No tax or 
assessment shall be void by reason of the 
name of the rightful owner or owners, 
whether individuals or corporations, of real 
estate in any of the said boroughs not being 
inscribed in the assessment rolls or lists; 
but in such case no tax shall be collected 
e.xcept from the real estate so assessed. 
The assessed valuation of all real and per- 
sonal property of corporations shall be en- 
tered in duplicate in the office in the borough 
where the same is assessed and in the main 
office of the department of taxes and assess- 
ments in the borough of Manhattan. If, 
at any time prior to the first day of May 
in any year, it shall appear to the tax com- 
missioners that a person assessed for taxa- 
tion on personal estate on the books or rolls 
of one borough should have been assessed 
therefor on the books or rolls of another 
borough, they shall forthwith cause the as- 
sessment to be cancelled and a new assess- 
ment to be made on the proper books or rolls, 
and within five days thereafter shall cause 
written notice of the new assessment to be 
mailed to such person at his last known 
residence or business address within the city 
of New York, and an affidavit of the mailing 
of such notice to be filed in the main office. 
The person so notified may apply for correc- 
tion of such assessment on or before the 
twentieth day of May, with the same force 
and effect as if such application were made 
on or before the [thirtieth] thirtyjffirst_day 
of [April] March in any year. 

Applications for correction of nsxcss- 
incnt. 

Sec. 895. During the time that books shall 
be open to public ‘nspection as aforesaid ap- 
plication may be made by any person or cor- 
poration claiming to be aggrieved by the as- 
sessed valuation of real or personal estate. 


to have the same corrected. If such applica- 
tion be made in relation to the assessed valua- 
tion of real estate, it must be made in writ- 
ing, stating the ground of objection thereto. 
The board of taxes and assessments shall ex- 
amine into the complaint, as herein provided, 
and if in their judgment the assessment is 
erroneous they shall cause the same to be 
corrected. If such application be made in re- 
lation to the assessed valuation of personal 
estate, the applicant shall be examined under 
oath by a commissioner of taxes and assess- 
ments or a deputy tax commissioner, as here- 
in provided, who are hsreby authorized to 
administer such oath, and if the assessment 
as hereinafter provided be determined by the 
board of taxes and assessments to be errone- 
ous, it shall cause the same to be corrected 
and fix the amount of such assessment as the 
board of taxes and assessments may believe 
to be just, and declare its decision upon such 
application within the time and in the man- 
ner hereinafter provided. But the commis- 
sioners of taxes and assessments may, during 
the [month] months of _April and May in 
any year, act upon applications, examine ap- 
plicants under oath and take other testimony 
thereon, for the reduction of assessments 
upon either real or personal property filed 
in their offices on or before the [thirteenth] 
thirty-first day of [April] March preceding, 
and cause the amount of any assessment as 
corrected by the board of taxes and assess- 
ments to be entered upon the assessment 
rolls for the year in which such correction 
may be made. 

When n.sses»etl valuation may he In- 
ereaHetl or tlliniuishetl. 

Sec. 89(1. The board of taxes and assess- 
ment may increase at any time before the 
first of [May] _April in each year, or may 
diminish at any time before the closing of 
(he books of “annual record” on the first 
day of [May] April in each year, the 
assessed valuation of any real or personal 
estate of any individual or corporation 
as in its judgment may be just or necessary 
for the equalization of taxation; but it shall 
not increase such valuations of the property 
of any individual or corporation after said 
books are opened for correction and review, 
except upon notice given to the individual 
or corporation affected by such increase at 
least ten days before the fifteenth day of 
[May] .April in each year. 

I*o«cr of the hoard («> remit or reduce 
H tax. 

Sec. 897. The board of taxes and assess- 
ments is hereby Invested with power to remit, 
where in the opinion of the corporation 
counsel lawful cauee therefor is shown. It may 
reduce, if found excessive, a tax Imposed upon 
real or personal property. It shall require a 
majority of the commissioners of taxes and 
assessments to remit or reduce the assessed 
valuation of personal property, and no tax on 
personal property shall be remitted, cancelled 
or reduced unless the person aggrieved shall 
satisfy the board of taxes and assessments 
that illness or absence from the city had pre- 
vented the filing of the complaint or making 
the application to the said board within the 
time allowed by law for the correction of 
taxes. Any remission or reduction of taxes 
upon the real estate of individuals or corpo- 
rations must be made within six months after 
the delivery of the books to the receiver of 
taxes for the collection of such tax. 

.Appllcallonn for revision and caiiccl- 
latinn of nsjies.snicnt in llio several 
boroiigrlis; v»iien ainl lioiv inaile. 

Sec. 898. The board of taxes and assess- 
ments from the whole number of persons 


appointed as deputy tax commissioners shall 
for each of the boroughs wherein one o<f the 
offices of the department of taxes and assess- 
ments is establLshed and maintained desig- 
nate one or more deputy tax commissioners, 
who shall, between the second Monday of 
January in each year and the first day of 
[May] .April following, receive applica- 
tions for the revision and cancellation 
of any assessments entered in the books 
of annual record of the assessed valu- 
ation of real and personal estate in 
that borough, take testimony on such ap- 
plications and reduce the same to writing, 
and when so reduced to writing transmit such 
applications and testimony, with his recom- 
mendation, to the board of taxes and assess- 
ments at their main office, in the borough of 
Manhattan, or to any office of the department 
of taxes in any borough as the board of taxes 
and assessments may prescribe. Such deputy 
tax commissioners as may be designated for 
the purposes and as prescribed in this sec- 
tion, are hereby authorized between the sec- 
ond Monday of January and the first day of 
[May] .April to administer oaths for 
the purpose of taking testimony upon 
all applications for the revision or can- 
cellation of assessments, and they are 
hereby required and directed to transmit 
the evidence so taken and reduced to 
writing, within ten days after the evidence 
upen any application is taken, with their 
recommendation, as hereinbefore described. 
The board of taxes and assessments shall hear 
at their main office all applications of corpo- 
rations for revision and cancellation of as- 
sessments; and as to all other applications, 
the said board may prescribe the time and 
place of hearing thereof in the several bor- 
oughs and give such public notice thereof :n 
the city record and in at least one new-spaper 
in each Ixirough as they may designate, and 
the tcord may make such rules and regula- 
tions as may be appropriate and expedient to 
the end that the taxpayers of each borough 
other than corporations may have a hearing 
in the borough in which they reside or in 
which their property assessed is situated. 
■All testimony taken by the board of taxes 
and assessments by any commissioner or by 
deputy tax commissioners as herein pre- 
scribed shall be reduced to writing and shall 
constitute part of the record of the proceed- 
ings upon any assessment. The decision of 
the board of taxes and assessments, upon 
any application for the revision, reduction or 
cancellation of any assessment, and upon the 
evidence taken thereunder, shall, where the 
evidence is taken by the board of taxes and 
assessments, be rendered within thirty days 
after the hearing upon such application Is 
closed, and in no case later than the first day 
of June. .And where the evidence upon any 
application is taken by any commissioner or 
a deputy tax commissioner the determination 
of the board of taxes and assessments shall 
be rendered within thirty days after the ap- 
plication and the testimony thereunder shall 
have been filed with the board of taxes and 
assessments, at the main office of the depar;- 
nieat in the borough of Manhattan, and in 
no case later than the first day of June. 

I)e|>u(y liix eoiiiiiiiKsioiierK to make ui> 
jiKUreii'nte amount of nSKessed vnlnn- 
tioii In the horoiighs. 

See. 899. It is hereby declared to be the duty 
of the deputy tax commissioners, or of such 
other persons as may have been asslgnetl 
to the charge and direction of any one of the 
offices of the department of taxes and assess- 
ments in the several boroughs, to compute 
from the anhual record of the assessed valua- 
tions of real and personal estate in each of 


THE CHARTER OF THE CITY OF NEW YORK 


11 n* 


the said several ofBces, the total aggregate 
amount of the assessed valuation of real and 
personal property appearing on said bool- for 
each of the said boroughs on the second Mon- 
day of January in any year, and to transmit 
a statement of §uch aggregate amounts of 
assessed valuations of real and personal prop- 
'erty in the said several boroughs to the de- 
partment of taxes and assessments at their 
main ofiBce in the borough of Manhattan on or 
before the second Monday of January in each 
year. The board of taxes and assessments 
are hereby invested with the power and 
charged with the duty before opening the 
books for the public inspection as herein pre- 
scribed, to fix such valuations. of property for 
the purposes of ta.xatlon throughout the city 
of New York at such sums as will, in their 
judgment, establish a just and equal relation 
between the valuations of property in each 
borough and throughout the entire city. To 
this end the board of taxes and assessments 
Is authorized to require the deputy tax com- 
missioners to transmit a report to them of 
the assessed valuation of real and personal 
property in the several boroughs at such time 
prior to the second Monday of January in each 
year as the board of taxes and assessments 
may prescribe. 

Controller to NiilMnit [nmuioiital a»- 
seinbly] luiard of al«lerineii a state- 
ment sliowinn' tlie ninonnts necessary 
to l»e rai.sed. 

Sec. 900. It shall be the duty of the control- 
ler of said city to prepare and submit to the 
[municipal assembly! board of alc^rm^n, 
at least four w'eeks before its annual meet- 
ing in each and every year for the pur- 
pose of imposing the annuai taxes, a state- 
ment setting forth the amounts by law au- 
thorized to be raised by tax in that year, 
on account of the corporation of The City 
of New York, as hereby constituted, or 
for city purposes within said city as created 
by this act, and purposes for which said city. 
Is liable, and on account of the counties of 


New York, Kings, Queens and Richmond, 
and also an estimate of the probable 
amount of' receipts into the city treas- 
■jry during the then current year from 
all sources of revenue of the gen- 
eral funds, including surpius revenue 
from the sinking funds of the mayor, aider- 
men and commonalty of The City of New 
York and of any of the municipai and public 
corporations, or parts of municipal and pub- 
lic corporations, by this act consolidated 
with the municipai corporation known as 
the mayor, aldermen and commonalty of 
the city of New York, other than the surplus 
of revenues of any such sinking funds for 
the payment of interest on the city debt of 
the municipal corporation known as the 
mayor, aldermen and commonalty of the city 
of New York, or the like debts of the muni- 
cipal and public corporations by this act con- 
solidated as aforesaid, and the said [munici- 
pal assembly] board of aldermen is hereby 
authorized and directed to deduct the total 
amount of such estimated receipts from the 
aggregate amount of all the various sums 
which, by law, they are required to order 
and cause to be raised by tax in said year, 
for the purposes aforesaid, and to cause to 
be raised by tax only the balance of such ag- 
gregate amount after making such deduc- 
tions. 


i 

I 


I 


Hi»w enmity elinrK'es mill expeii.ses In 
Ve« York, Kiiifrs. Queens iiiiil Rieb- 
iiionil eniinties [mill Hint imrt of 
Queens enmity ivitliiii the elty) are tn 
lie finid. 

Sec. 902. In the statement submitted by the 
^COhtroner to the rraunicipal assembly]! 


i 


board of alde rmen, as above provided in this 
chapter, he shall each year include and state 
specifically the sum or sums necessary to be 
raised to pay during the current year the 
salaries of the county officers and the other 
county charges and expenses in the counties 
of New York. Kings, Queens and Richmond, 
respectiveb', [and the sura or sums w'hich 
should be paid for like purposes by that 
part of Queens county included within the 
city] and the [municipal assembly] beard 
of aldermen is hereby authorized and di- 
rected to levy upon and collect from the 
ta.xable property within each of said counties, 
[and part of county,] respectively, the sum 
or sums so necessary to be raised to pay the 
salaries of county officers and other county 
charges and expenses of such county [or 
part of county] ; to the end that each of 
said counties [and said part of Queens 
county] shall ultimately bear and pay all 
expenses necessary to be incurred within the 
county [or part of county] for county as 
distinguished from city purposes. 


I’eriiiH!* for liiiililiiiKH, rto.j cotiies 
fo be neiif fo the ileiiHrtineiit of faseii 
mill nHseHsnieiits. 


. Sec. 903. Whenever any permit shall be 
granted by the proper officer of the city gov- 
ernment as created by this act for the erec- 
tion of any building, pier or bulkhead within 
said city, a copy of such permit snail be with- 


in five days after its issue furnished by the 
officer granting the same to the department 
of taxes and assessments. 


lilxeniiit loiiH. 


Sec. 904. The exemption from ta.xation of 
every building for public worship, and every 
schcol house or other seminary of learning 
under the provisions of section 4 of the tax 
law, being chapter 908 of the laws of 1896, 
shall not apply to any such building or prem- 
ises within the limits of the city of New York, 
as defined by this act, unless the same shall 
be exclusively used for such purpose, and be 
exclusively the property of a religious so- 
ciety. 

Etxeiiiiitionn. cwii t In iieil. 

Sec. 905. Nothing in this chapter shall affect 
any existing and valid e.xemptions from taxa- 
tion heretofore created by law respecting any 
property, real or personal, within the limits 
of the city of New York as constituted by this 
act. 


ferfliirnri to revlevr final ileteriiiinn- 

lioii of the ilepartiuciit. 

Sec. 906. A certiorari to review or correct on 
the merits any final determination of the 
board of taxes and assessments shall be al- 
lowed by the supreme court or any justice 
thereof prior to the fi rst day of Nove mber 
in the .yea r in w hich such determination is 

reached, directed to thecommissionersoftaxes 
and assessments on the verified petition of 
the party aggrieved, but only on the grounds 
which must be specified in such petition, that | 
the assessment is illegal, and giving the par- 
ticulars of the alleged illegality, cr is erron- 
eous by reason of over valuation cr. in case 
of real estate that the same is erroneous by 
reason of inequality in that the assessment 
has been made at a higher proportionate valu- 
ation than the assessment of other real es- 
tate of like character in the same ward or 
section or other real estate on the tax rolls 
of the city for the same year, specifying the 
instances in w'hich such inequality exists, 
and the extent thereof, and stating that he 
is or will be injured thereby. Such cerfiorari 
and all proceedings thereunder may be had 
a nd taken in th7 judicial district where such 


1 real estate is situated, and may be begun a t 
any time before the first day of N ovember 
in the year in which the de termination 
sought to be reviewed 'or cc rrected has been 
made. 

I When H.sKesMiueut rolls fo lie niailo and 
delivered to file fninnieliial asseni- 
lily lioaril of aldermen. 

Sec. 907. Beginning . with the first day 
of [May] .\pril in each year the 
board of taxes and assessments shall 
cause to be prepared from the books 
of annual record of assessed valuations 
of real and personal estate in the several of- 
fices of the department of taxes and assess- 
ments in the several boroughs, ass.essment rolls 
for each of said several boroughs, and shall, as 
soon as such rolls are completed, annex' to 
each of said rolls their certificates that the 
same is correct in accordance with the en- 
tries in said several books of record. The 
rolls so certified must, on the first Monday 
of July in each year be delivered by the board 
of taxes and assessments to the [munici- 
pal assembly] board of aldermen, which 
shall meet at noon on that day at 
the city hail, or usual place of meet- 
ing, in the borough of Manhattan, for the 
purpose of receiving the same,' and for the 
purpcee of performing such other duties in 
relaticn thereto as are prescribed by law; ex- 
cept that whenever -said first Monday in July 
shall fall on a legal holiday, said rdtis shall 
be delivered by said board of taxes and as- 
sessments on the next succeeding day there- 
after to the [municipal assembly] board of 
aldermen, which shall meet at noon on such 
next succeeding day, at the place and in the 
manner and for the purposes hereinafter 
specified. In the event of the board of al- 
dermen failing to meet to receive said rolls, 
the same may be delivered to the city clerk 
with the same effect as if delivered to the 
board of aldermen. 

.Meaning; of Ibe words “lionril of taxes 
and aNMe!isinent!«*'' in tliin eliapter; 
majority elaime. 

Sec. 908. 'W^henever any act is required or 
authorized to be done or any determination 
or decision made by the board of taxes and 
assessments, or any other body or board, 
then in the absence of express provision to 
the contrary, any such act, if done, or any 
such determination or decision, if made by 
a majority of the body or board shall, within 
the meaning of this act be held to be the act, 
determination or decision of the body or 
board. 

AK.'ir.'iiiiiieiit-rollM to reniuln In eimtOiJy 
of [nianlciiinl nsxenihly] board of nl- 
dernieii. 

Sec. 909. The tax cr assessment rolls, when 
finally submitted to the [municipal assem- 
bly] board of aldermen on tbe first Mon- 
day of July in each year, shall remain in 
[the] its custody [of the said assembly], 
but the president of the board [council] 
may, by written permission, permit access 
to them, and he is hereby, in the name of 
the [municipal assembly] board of aldermen 
and as its act, authorized and directed to 
cause to be properly estimated and computed 
the taxes annually imposed, and cause the 
same to be properly set down cr extended in 
the several assessment rolls or tax books, as 
required by the next seetion. It shall also bo 
the duty of said president to cause the items 
of said taxes to be carefully added, and to 
set down the amount of the same therein; and 
when completed to deliver the tax bocks re- 
lating to real estate to the [collector ef 


THE CHARTER OF THE CITY OF NEW YORK. 


101 


ftssessmenls and arrears.] compiroller, 
ill order that the unpaid water rents 
of each preceding year may be en- 
tered therein. After such completion 
of the assessment-rolls or tax books 
it shall be the duty of the city clerk to 
procure the proper warran'ts authorizing and 
requiring the receiver cf taxes to collect the 
several sums therein mentioned according to 
law, and such warrants need be signed rn!y 
by the president of the [council and the 
president of the] board of aldermen, and 
countersigned by the city clerk, and im- 
mediately thereafter the president of the 
[council] board of aldermen shall deliver 
the said assessment-rolls, with the war- 
rants aforesaid annexed thereto, to the re- 
ceiver of taxes, dr the same time notifying 
the controller of the amount of taxes in each 
book, in erder that he may cause the proper 
sum to be charged to the receiver for collec- 


1 


I 


lion. 


IH.j diitteN of r>uiia{ol|iiil HSMoniblyj ] 

boartl of aliloriiioii. rew|>oot I iis'. I 

Sec. 910. At such annual meeting the I 
[municipal assembly] board __of aldei'- I 
must make such alterations in the . 
description of real property belonging | 
to non-residents as may be necessary to ren- | 
der such descriptions conformable to the I 
provisions of law; and if such alterations ! 
cannot be made* they must expunge the de- ! 
scriprious of such real property, and the as- j 
sessments thereon from the assessment rolls. I 
They must also estimate and set down in a j 
fifth column, to be prepared for that purpose 
in the assessment rolls, opposite to the sev- 
eral sums set down as the valuation of rcaj 
and personal property, the respective sums, 
in dollars and cents, to be paid as a tax 
thereon, rejecting the fractions cf a cen:. 
They must also add up and set down the ag- 
gregate valuations of the real and personal 
property in the several boroughs as cor- 
rected by them: and must transmit to the 
controller of this state by mail a certificato ! 
of such aggregate valuations, showing sepa- { 
ratoly the aggregate amount of the real and j 
personal property in each borough, as cor- 
rected by the [municipal assembly] board 
of aldermen. _ 

Correeted roll to be* delivered to re- 
ceiver of faxe.H, 

Sec. 911. They must also cause the assess- 
ment rolls of each borough, when corrected 
according to law, and finally completed, or 
a fair copy thereof, to be delivered to the 
receiver of taxes in and for the city on or 
before the [first] of Sep- 

tember thereafter, with the proper war- 
rant or w’arrants annexed, signed by this 
president of the [council and the 
president of the] board of aldermen 
and countersigned by the city clerk, direct- 
ing and requiring him to collect from the 
several persons named in the assessment 
rolls the several sums mentioned in the last 
column of such roll, opposite to their respec- 
tive names, and to pay the same from time 
to lime, when so collected, to the chamber- 
lain of the city. 

f«>r 

board <»f a lderiiieii*K 


Sec. 912. If the [municipal assembly] 
board of aldermen shall willfully re- 
luse or neglect to perform any of the 
duties required of them by the two 
preceding sections, each member so refusing 
or neglecting shall forfeit to the city of Xew 
York the sum of five hundred dollars, to be 
recovered in a civil and shall also be 


punishable for a misdemeanor, and upon con- 
viction thereof, shall forfeit his office. 

\\ bore taxoN due and payable. 

Sec. 913. The receiver of taxes, upon receiv- 
ing the assessment rolls and warrants shall 
immediately cause the assessment rolls and 
warrants for each of the several boroughs 
wherein he shall [under thedeslgnationof the 
municipal assembly] have an office, to be de- 
livered at and filed in such office, and shall 
thereafter proceed to collect and receive said 
taxes from the several individuals and coi-po- 
rations assessed in the said assessment rolls 
in the manner hereinafter prescribed, 

Hoooivor of tiixoa to j^rlve public notice. 

Sec. 914. The receiver of taxes shall, imme- 
diately after he shall have received the assess- 
ment rolls, give public notice for at least 
five days in the City Record [and the 
corporation newspapers.] and in such 
newspaper or newspapers published in 
the several boroughs as may be designated 
by the board of city record, or in default of 
any newspaper being published in any bor- 
ough. in such newspaper or newspapers hav- 
ing a general circulation in such borough as 
the board of city record shall direct, that said 
assessment rolls have been delivered to him 
and that all taxes [are then] shall be due 
and payable at his office in the said respective 
boroughs on the fii'st Monday in October, and 
that in case of payment [on or] before the 
first day of November thereafter the persons 
so paying shall be entiled to the benefits 
mentioned in the next section. All taxes 
shair be and becom e M ens on the real esta te 
aftecied t hereby on t h e day w'hen th e y become 
cue an d payable as above provided and shall 
r?main such fiens until paid. 

Rebate for prompt pa>itieiit. 

Sec. 915. If any person who shall be assessed 
in any of the said assessment rolls shall pay 
the amount of his taxes [on or] before the 
first day of November succeeding the delivery 
of the said assessment rollsand warrants to the 
said receiver, it shall be the duly of the re- 
ceiver or any of his deputies to receive the 
came, and to deduct therefrom interest, at 
the rate of 6 per cent, per annum, between the 
day of such payment and the first day of De- 
tember then next succeeding. 

liiterrMt <»ii itiipniil UixeM. 

Sec. 916. If any sucti tax shah remain un- 
paid on the said firs: day of December it shall 
be Aie duty cf the receiver of taxes *co charge, 
receive and collect upon such '■.ax so remain- 
ing unpaid cti ‘that day. in addition to the 
I'.mouL*: of such tax one percentum on the 
CLiiounc thereof, and to (Large, receive and col- 
:e<x upon such tax so remaining unpaid on the 
first day cf January theraaJ'ier, interest upon^ 
the amount thereof, -a*: the rate of seven per 
centum per annum, to be calculated from the 
daV on which said [assessment rolls and 
warrants shall have been delivered to the 
receiver of taxes] taxes became due and 
I<ayable, as provided b y section nine hundred 
oiTd fourteen of this act. to the date of pay- 
ment: and such increase or percentage shall 
be paid over and accounted for by such re- 
ceiver from time to time, as a part of the 
tax collected by him. 

Id.: cuntiiitKMi. 

Sec. 917. U shall be the dury cf the said re- 
ceiver, in person o^ by his deputies, to cliarge, 
collect and receive upon ail ‘taxes remaining 
unpaid on and after the said first day cf Janu- 
ary. interest at a rate of seven per cemum 
per annum, to be calculated from the day on 


which the said [assessment rolls and war- 
rants shall have been delivered to the re- 
ceiver] taxes became due and payable as 
provid ed b y section nine hundred and four- 
teen of this act. 

linty of receiver where Iiixcm reiiiiiifi 

niipnid on Che of ^ovelnher fol- 

](»wiiii>' the delivery of UMNeMMiiieiits 

and warraiitN. 

Sec. 918. If any taxes of any year shali re- 
main unjxaid ca ^he first day of November next 
after tlie assessinents and warrants to coliecx 
such taxes have been delivered to the receiver 
cf taxes at his office ia 'the borough of Man- 
hattan, it shall be t'ae duty of the receiver ^o 
j give nc^iice by advartisemen*: for a: least tea 
. days ia the City Record [and the corporation 
new’spapers] , and in such daily paper having 
a general circulation in any borough as the 
board cf c>;y record .shall designate, that un- 
less the s-acne s'hall be paid to him at his office 
[on or] before the first day of December, in 
any such year, he will immediately thereaf- 
ter proceed to collect such unpaid taxes as 
provided herein. 

l*uhlie iiofiee to he tx'iven by receiver 

nfler December isi in each year. 

Sec. 919, The receiver of taxes shall imme- 
diately after the 1st day of December, in each 
year, give public notice in the City Record, 
[and the corporation newspapers] and in such 
daily paper having a general circulation 
In any borough as the board of City 
Record may designate, at least ten days, no- 
tifying all persons or corporations who have 
omitted to pay their taxes to pay the same to 
him at his office in the borough of Man- 
hattan cr CO his several deputies in the sev- 
eral boroughs, 

I ndiviiicd pnrfK of tnxoN; payment of. 

Sec. 920. If a sum of money in gross has 
been or shall be taxed upon any lands or 
premises, any person or persons claiming any 
divided or undivided pare thereof may pay 
such part of the sum of money so taxed, 
also of the Interest and charges due or 
charged thereon, as the said controller may 
deem to be just and equitable* and the re- 
mainder of the sum of money so taxed, to- 
gether with the interest and charges, shall be 
a lien upon the residue of the land and 
premises only, which residue may be sold 
to satisfy the residue of such tax, interest, or 
charges, in the same manner as though c>* 
residue of said tax had been imposed upon 
the residue of said lands or premises. 

CoriiuralioitK; tax fur, how iM»lleeteil. 

Sec. 921. The said receiver of taxes shall 
proceed in enforcing the collection and pay- 
ment of taxes against corporations or asso- 
ciations, and their officers and directors, or 
trustees, in the same manner as against in- 
dividuals; such taxes shall be paid out of the 
funds of the company and shall be ratabiy 
deducted from the dividends of those .stock- 
holders whose stock was ta.xed, or shall be 
charged upon such stock, if no dividends be 
afeerwat'd declared. 

Daily Ntatemeiit (»f laxoM received to he 

rendered to eiiamherlaln. 

Sec. 922. The receiver of taxes shall enter 
into suitable books, to be kept by him for that 
purpose, the sums received by him for taxes, 
and at the expiration of the office hours for 
each day, and before 3 o’cl-ock thereof, shall 
render a statement of the same to the cham- 
berlain and at the same time on each day pay 
over to said chamberlain the amount re- 
ceived on such day: he shall also thereupon 
receive from the said chamberlain a voucher 
for the payment of such sums, which he shall 
forthwith, on the same- day. exhibit to th« 


102 


THE CIIARTEK OF THE CITY OF NEW YORK, 


controller of the said city. But the duty by 
this section Imposed may, in respect to the 
borough of Brooklyn, be discharged by the 
deputy receiver of taxes and the deputy cham- 
berlain located in the borough of Brooklyn, 
and likewise by similar deputy officers for 
the borough of the Bronx, the borough of 
Queens, and the borough of Richmond. 

Receiver’s accoiiiit of faxes received; 
Iiow to be kei>t. 

Sec. 923. It shall be the duty of the receiv- 
er, and of deputy receivers, from time to time 
to enter In a column, to be made for that pur- 
pose, upon the assessment rolls in his posses- 
sion, opposite to the names of the persons 
mentioned therein, and who shall pay their tax 
as aforesaid, to the receiver of taxes, person- 
ally or by deputy, the fact of such payment, 
the amount thereof, and the day when paid, 
and. to enter into suitable books, to be kept 
for that purpose, on each day such payment, 
and the names of the parties respectively on 
whose account the same were paid; and at the 
expiration of the office hours, and on the 
same day, he shall furnish to the controller 
of the said city, personally or by deputy, a 
detailed statement of such sums of the 
borough for -which received, and the names 
of th? parties respectively on whose account 
the same have been paid, which shall be filed 
by the said controller in his office. The con- 
troller shall, on each day, immediately after 
receiving from said receiver or deputy the 
statement, compare the same with a voucher 
furnished to him by the chamberlain for tht: 
payment thereof to the chamberlain, and if 
the aggregate amounts thereof shall corre- 
spond, shall credit the said receiver of taxes 
in his book with such amount. 

Penalty for failure to report to elinin- 
berlniii. 

Sec. 924. If the receiver of taxes, or any 
deputy receiver shall on any day omit or 
neglect to furnish to the chamberlain or to 
the controller, respectively, the statements 
and vouchers required by law, or to make 
the daily payments hereinbefore prescribed, it 
shall be the duty of the controller forthwith 
to suspend from office the party delinquent. 
In case of such suspension the controller shall 
appoint a suitable person to perform the du- 
ties of the officer so suspended, who shall 
continue to act as such officer, with all the 
powers conferred upon him by this title, until 
the parties suspended shall be restored, or 
another person shall have been appointed. 
On making such temporary appointment the 
controller shall be required to take from the 
party so appointed a bond, with two sufficient 
sureties, to be approved by^ the chamberlain, 
and filed with the said controller,in such penal 
sum as the said chamberlain may deem just, 
conditioned for the faithful performance of 
the duties of the office, during the continuance 
of the person so appointed therein, and all 
the provisions of this title prescribing the 
duties of the receiver of taxes, and the deputy 
receiver shall apply to the person or persons 
so appointed in their stead by the control- 
ler. 

I’rovisloii in case f>r HtckiienM. 

Sec. 925. In case of inability of the re- 
ceiver to perform the duties cf his office by 
reason of sickness or absence from the city 
the controller shall designate some suitable 
person to perform the duties of his office dur- 
ing such inability or absence, and shall, in his 
discretion, take from such person a bond, 
with sufficient sureties, in the manner pre- 
scribed in the preceding section. 

Collociiuu €»f unpaid l»ev8«nal lax l»y 
(listreHN and sale. 

Sec. 92C. It shall be lawful for the said re- 
ceiver, If any tax for personal property and 


the interest thereon, as hereinbefore provided, 
shall remain unpaid on the fifteenth day of 
the month of January, succeeding the receipt 
by him of the rolls, to issue his warrant 
under his hand and seal directed to any 
marshal commanding him to levy the 
said tax, with interest thereon at the 
rate of seven per centum per annum from 
the day [of the delivering of the as- 
sessment rolls and warrants to the said 
receiver] on which said taxes became due 
and p ayable as provided by section nine 
hundred and fourteen of this act to the 
time when the same shall be paid by 
distress and sale of the goods and chat- 
tels of the person against whom the said 
warrant shall be Issued, or of any goods and 
chattels in his or her possession, whereso- 
ever the same shall be found within the said 
city, and to pay the same to the said receiver 
and return such warrant within thirty days 
after the date thereof. For the purpo'ses of 
this section the jurisdiction of the marshal Is 
co-extensive with the city of New York, 
The controller of the city of New York, how- 
ever, may from time to time, as may be neces- 
sary to insure prompt collection of said tax, 
extend or renew such warrant, but no single 
extension or renewal thereof shall in any 
event exceed sixty days. 

Id.; ntny aild costs of illstre.ss and sale. 

Sec. 927. In all cases where the said receiver 
shall proceed by distress and sale of the goods 
and chattels of any person for the payment of 
any tax due and payable, it shall be lawful 
for him to authorize and empower the. officer 
making such distress and sale to collect, in 
addition to the tax and the Interest thereon, 
the costs of such distress and sale, which 
costs .sba'.l be in addition to any disburremencs 
five cents for every dollar collected to the 
amount of one hundred dollars, and two and 
one-half cents for every dollar collected over 
one hundred dollars. 

Id.; sale to be advertised. 

Sec. 928. The marshal to whom a warrant 
for the collection of any tax is issued shall 
give public notice at the time and place of 
sale of any properly distrained by virtue 
thereof, and of the property to be sold, at 
least six days previous to the sale, by adver- 
tisements to be posted up in at least three 
public places in the ward where such sale 
shall be made. The sale shall’ be by public 
auction. 

Id.; dlsitosltlon of surplus. 

Sec. 929. If the property distrained shall 
be sold for more than the amount of the tax, 
the surplus shall be returned to the person 
in whose possession such property was when 
the distiess was made, it no claim be made 
to such surplus by any other person. If any 
other person shall claim such surplus, on the 
ground that the property sold belonged to him 
and such claim be admitted by the person for 
whose tax the same was distrained, the sur- 
plus shall be paid to such owner; but if such 
claim be contested by the person for whose 
tax the property was distrained, the surplus 
moneys shall be retained by the said marshal 
until the rights of the parties shall be 
judicially determined. 

Id.; eaaea to be sent to eorporatloii 
eoniisel. 

Sec. 932. It shall be the duty of the receiver 
of taxes to send or cause to be sent to the 
corporation counsel, monthly, all cases of 
personal taxes embraced in the assessment 
rolls, when the assessment is one thousand 
dollars or more, and upon which a warrant 
to any of the marshals of said city has been 
issued and unsatisfied for a period of sixty 


days, or returned unsatisfied in whole or part, 
and of all other cases of personal taxes, ex- 
cept in those cases where the controller may 
extend the warrant, when application to any 
court may be made for the collection of tho 
tax, and the said counsel is authorized to 
make requisitiens upon the said receiver fer 
all such cases. i 

Id.; duties of eoi*i>orntlon ooiiuNel. 

Sec. 933. The corporation counsel shall be 
charged with the prosecution of all suits or 
proceedings, in any court having jurisdiction, 
for the collection of all cases of personal 
taxes sent to him by the receiver of 
taxes, or where, by any law of this state, any 
suit or proceeding may be instituted by such 
receiver, or any marshal acting under a tax 
warrant, in any court for the collection of 
any tax for personal property, and shall, sub- 
ject to such control, act as counsel to the re- 
ceiver of taxes, and to any marshal acting 
under the warrant of said receiver in the 
collection of any tax for personal property. 

f’onrt to dlsiulNN proeeedliigrN It Nutis- 
lied that tnxea on personal |>POi>erty 
eaiinot be paid. 

Sec. 934. The court in which any proceed- 
ing may be commenced to enforce the pay- 
ment of any tax for personal property may 
dismiss the proceedings absolutely without 
costs, or conditionally, upon the payment 
of costs, or may, on the facts, in its discretion, 
dismiss such proceedings on the payment of 
such part of the tax and costs as shall be 
just, in any case where it shall be .satisfied 
that the perscyi or persons taxed are unable, - 
for want of property, or other reason, to pay 
any tax. In cases where any proceedings 
shall be dismissed under this section, on pay- 
ment of a portion of the tax, a copy of the 
order of the court shall be filed with the re- 
ceiver of taxes, and a note of the contents 
of such order entered upon the assessment 
roll, and it shall be the duty of said counsel 
to report all case;* dismissed on account of 
the inability of the person to pay the tax to 
the commissioner of taxes and assessments, 
annually, on the thirty-first day of December 
in each year; and said commissioner is here- 
by authorized to strike the names of all such 
persons from the assessment rolls for the 
succeeding year. 

Counsel to keep register, ete. 

Sec. 935. The corporation counsel shall keep, 
in proper books to be provided by the cor- 
poration of said city for that purpose, a 
register of all actions or proceedings prose- 
cuted, and upon the expiration of his term 
of office, or his resignation thereof or re- 
moval therefrom, the corporation counsel 
shall deliver to his successor in office all 
books and papers in his hands belonging to 
his office, or delivered to him by the receiver 
of taxes, or any marshal of said city, and in 
any way connected with his office, or any 
business pertaining thereto. The said counsel 
or any marshal shall pay over, under oath, 
to the receiver of taxes of said city, monthly, 
or oftener if required, all taxes collected by 
him. 

Ucoeiver; when may sue for personal 
taxes. 

Sec. 93C. .\ny tax' duly imposed for per- 
sonal property upon any person or corpora- 
tion In the city of New York, and which 
shall remain unpaid and in arrears on the 
fifteenth day of January succeeding the year 
in which it shall have been imposed, may be 
recovered, with interest and costs, by the 
receiver of taxes of said city in the name ct 
the city, in an action in any court of record 
in this state. 


THE CIIAUTEU OF THE CITY OF NEW YORK 


103 


I'lipuiil tnxoH and aHsesiiirntN levird 

Itrior to .lanuurj- Iwt, 1898; special 

provision. 

Sec. 937. .\11 taxes [and] assessments ^nd 
water rates levied before the first day of 
January, eighteen hundred and ninety-eight, 
by iawful authority, in any of the municipai 
and pubiic corporations hereby eonsoiidated, 
inciuding the counties of Kings and Rich- 
mond, and that part of the county of Queens 
Inciuded [with] within The City of New 
York, as hereby constituted, and which shaii 
remain due and unpaid and have or may be- 
come arrears of taxes, assessments or water 
rates as provided by the taws relating to 
either of the municipal a nd public corpora- 
tions hereby consolidated, [on said first day 
of January, eighteen hundred and ninety- 
eight,] shall become and be due and payable 
to and collectible by said city, and all tax 
and assessment lists relating to said unpaid 
taxes, assessmen's and water rates in the 
possession of any officer of any of said mu- 
nicipal and public corporations and counties 
hereby consolidated, [on the thirty-first day 
of December, eighteen hundred and ninety- 
seven,] shall be [delivered] transmi tted to 
and deposited with the controller or his duly 
authorized representative [on or immediate- 
ly after the first day of January, eighteen 
liundred and ninety-eight]. All such lists 
[except those of the boroughs of Manhattan, 
the Bronx and Brooklyn,] shall thereupon 
be transmitted by the controller to the col- 
lector of assessments and arrears, to be col- 
lected by him, or by one of his deputies, by 
suit or under and pursuant to the laws in 
force when the said taxes, a ssessments and 
water rates were levied or in force on De- 
cember thirty-first, eighteen hundred and 
ninety-seven. Such collections, including all 
sales of proper ty for said arrears of taxe s, 
water rates and assessments and the prepa- 
ration and publication of the lists of par- 
cels of land upon which any taxes, assess- 
ments or w ater rates have been returned 
im’paid, shall be held a nd completed under 
.and pursuant to the pr ovisions of the laws 
in force at the time said taxes were levied 
(Tr in force on the th irty-first day of Decem- 
bei^’eighteeiT hundre d and ninety-seven, pro- 
^d'edT'however, that a ny restric tion as to 
time of pubUcation and sale in said laws shall 
not be held to be a litnita tion o n the righ t to 
sell such lands for unpaid taxes, and such 
sales may be made at any time, and provided 
further that in the borou g h of Brooklyn, t he 
coUector of a ssessments and arrears, or h'.s 
deputy, shall not be co nfined to th e month 
^ December for the prepar ation of said list. 
[Taxes on real estate and water rents 
in the boroughs of Manhattan and the 
Bronx levied prior to Jannary first, eigh- 
teen hundred and ninety-eight, shall be 
collected by the receiver of taxes, or by 
one of his deputies in the same manner as 
heretofore provjded therefor, and shall be pay- 
able in the office of the said receiver of taxes 
in the borough of Manhattan until June first, 
eighteen hundred and ninety-eight, when re- 
turn thereof shall be made as provided in 
section one thousand and twenty-three of 
this act. Arrears of taxes and water rents 
and assessments for local improvements in 
the borough of fhe Bronx, confirmed prior to 
January first, eighteen hundred and ninety- 
eight, including assessments confirmed by a 
court' of record, shall be collected by the col- 
lector of assessments and arrears at his of- 
fice in the borough of Manhattan until such 
time as the controller shall provide for the 
proper collection thereof at the branch office 


of the collector of assessments and arrears in 
the borough of the Bronx. Taxes on real es- 
tate, water rates and assessments in the bor- 
ough of Brooklyn shall be collected by the 
receiver of taxes of the city of New York or 
by one of his deputies in the same manner 
and up to the same time as heretofore pro- 
vided therefor by the city of Brooklyn, when 
return thereof shall be made as provided in 
section one thousand and twenty-three of this 
act. Taxes on personal property unpaid on 
January fifth, eighteen hundred and ninety- 
eight, may be collected as elsewhere provided 
in this act for the collection of taxes on per- 
sonal property In the city of New York.] 

TITLE 2. 

ASSKSSMEXTS FOK I.OC-VI. IMFROVE- 
-MEXTS OTHtlK TH.VX THOSE 
COXFIRMED BY A COl RT 
OF RECORD. 

.AMHe.sNnieiii ; terni how eotiKl rued. 

Section 942. The word assessment, wherever 
used in this title and in the next succeeding 
one. shall be construed to mean an assessment 
for any local improvement which may be 
lawfully confirmed in any other manner than 
by a court of record. 

Mayor to appoint a board of asse.ssors; 

Kainry; Kiihordiiiates. 

Sec. 943. The mayor shall appoint three 
[five] persons, who shall constitute the 
board of assessors. The salary of each 
member of said board shall be three thou- 
sand dollars a year. The said board 
shall be charged with the duty of mak- 
ing all assessments, other than those re- 
quired by law to be confirmed by a court 
of record, fer local improvements for which 
assessments may be legally imposed la any 
part of the city of New York as hereby con- 
stituted. The said board shall appoint a sec- 
retary and such clerks and subordinates as 
may be necessary, [and shall fix their sala- 
ries, not exceeding in the aggregate the ap- 
propriation made for such purpose in the final 
estimate. 

The secretary, clerks and subordinates of 
the board of assessors of the mayor, aider- 
men and commonalty of the city of .New York 
shall be and act as secretary, clerks and 
subordinates cf the board of assessors herein 
provided for until and unless they shall be re- 
moved or superseded by the last mentioned 
board of assessors.] 

Tlie board of revl.sloii of nKMeM.sment.<«, 

Sec. 944. The controller, corporation coun- 
sel and president of the [board of public im- 
provements] department of taxes and as- 
sessments shall constitute the board of re- 
\Tsicn of assessments. The said beard, or a 
majority thereof, shall have and perform all 
the powers and duties relative to the revision, 
correction and confirmation of assessments 
specified in the various laws and ordinances 
relating to assessments in any part of the 
city of New York, as hereby constituted, 
other than assessments made by commis- 
sioners appointed by a court of record, and 
other than these confirmed by the beard of 
assessors; said board shall have power to con- 
sider, on the merits, all objections made to 
any such assessment, and to subpena and ex- 
amine witnesses in relation thereto, and to 
confirm said assessment, or to refer the same 
back to the board of as.sessor3 for revlsal and 
correction in such respects as it may deter- 
mine. The revision of such assessment shall 
be made without delay, so that unless the 
same are referred back for revisal and cor- 
rection they shall be confirmed within thirty 


days from the time they shall, respectively, 
be presented f;r confirmation, and it not so 
confirmed or referred back they shall be 
deemed to be confirmed at the expiration of 
thirty days from the time they shall be, re- 
spectively, so presented for confirmation. All 
such assessments. Immediately upon con- 
firmation, shall be transmitted to the con- 
troller for entry and collection. 

i’ower.s of ibe two boards. 

Sec. 94,5. In addition to the powers herein 
specifically conferred upon the board of as- 
sessors and the board of revision, the said 
boards shall have and exercise, as to the 
whole territory embraced in the city of New 
York, each and every power and authority 
conferred upon and exercised by the board 
of assessors, and the board of revision and 
correction of assessments, respectively, of the 
corpcmtion heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York. 

Certificates on wbieb auHesHineiits are 

iiiatle. 

Sec. 916. All assessments shall be made by 
the board of assessors on the following cer- 
tificates, to wit.: 

1. The officer or head of the board or de- 
partment charged with the execution of th« 
work in question, shall certify to the board of 
assessors the total amount oi all the expenses 
which shall have been actually incurred by 
the city of New York on account thereof. 

2. The controller shall certify to the board 
of assessors the amount of the interest, at the 
legal rate, upon the several installments ad- 
vanced or payments made on account of such 
work, from the time of such payment or ad- 
vance, by the city, to a day sixty days after 
the date of such certificate. Thereafter the 
board of assessors shall assess upon the prop- 
erty benefited. In the manner authorized by 
law, the aggregate amount of such certificates, 
or such proportion thereof as is authorized 
by law, and the said board shall not in any 
way be enjoined, restrained, hindered or de- 
layed in the performance of this duty, provid- 
ed that nothing contained in this section shall 
be construed to affect the powers of the board 
of revision of assessments. 

.\H8e.ssmciit not to eaiceed oue-balf the 

valuation. 

Sec. 947. The assessors shall in no case as- 
sess any house or lot, improveij or unimproved 
lands, more than one-half the fair value of 
such house, lot, improved or unimproved lands. 

A.ssesNinent for repaviiig'; when for-. 

bidden. 

Sec. 948. Unless it shall be petitioned for 
by a majority of the owners of the property, 
on the line of the proposed improvemnt, no 
assessment shall be imposed for the paving 
of any street, or any portion thereof, which 
has been once paved, and the expense there- 
of paid by the owners of the adjoining prop- 
erty: provided, however, that nothing herein 
contained shall be construed to relieve or re- 
lease the owners of property, grantees of the 
mayor, alder men and commonalty of The City 
of New York, of or from any covenants to 
pave or repave or otherwise phyeically im- 
prove such streets. 

How property sbull be deKorlbed by 

Ibe nMNeHNorN. 

Sec. 949. In all cases the assessors shall 
describe in the assessment the property as- 
sessed by the same ward or block numbers 
or other designations as shall be used to 
designate the said property on the tax bobks 
of the city of New York. They shall .'tlso 
describe the houses and tots assessed by thalr 


104 


THE CHARTER OP THE CITY OF NEW 


street numbers, if any. The assessors shall 
also state the name of the owner or owners 
and occupant or occupants, if they he known 
to the assessors, and it shall be their duty 
to ascertain, as far as may be, by inquiry from 
the commissioners of taxes and assessments 
or others, such ownership and occupation, and 
such commissioners shall afford the requisite 
information. 

JVotiee of coinplotion of asscRsiuents to 

be K'ivou. 

Sec. 950. It shall be the duty of the board of 
assessors, when it has completed any pro- 
posed assessment, to give notice of the fact 
and that It is proposed to lay the same to 
the owner or owners; such notice shall be 
published daily in the City Record, and the 
corporation newspapers, for at least ten 
days successively. The notice shall de- 
scribe the limits within which it is proposed 
to lay the said assessment, and shall contain 
a request for all persons whose interests may 
be affected thereby, and who may be opposed to 
the same, to present their objections, in writ- 
ing, to the secretary of the board of assessors 
within thirty days from the date of such no- 
tice, and specifying a time and place after the 
expiration of the said thirty days when and 
where the said objections will be heard and 
testimony received in reference thereto. If, 
after hearing and examining such objections 
and testimony, the assessors shall not deem 
it proper to alter their assessment, or having 
altered it there shall still be objections to the 
same, it shall be their duty to present such 
objections with the proposed assessment to 
the board of revision of assessments. 

If no O'bjections shall be received, or if che 
board of assessors shall alter the assessment 
so as to satisfy the objectors, said board shall 
forthwith declare the said assessment con- 
firmed, and shall transmit the same to the 
controller for entry and collection. 

.\n assessment so confirmed .shall be of the 
same force and effect as if confirmed by the 
board of revision of assessments. 

Am'iii'R of tlaiiiages for changes of 

arade; liability in snob eases. 

Sec. 951. .Ml cases where a change of grade 
of any street or avenue has been made prior 
to the taking effect of this act, shall, as to 
the liability to make compensation for dam- 
ages caused by such change of grade, be 
governed by the laws in force at the time such 
change of grade was made. • After the taking 
effect of this act there shall be no liability to 
abutting owners for originally establishing 
a grade; nor any liability for changing a 
grade once established by lawful authority, 
e.xcept where the owner of the abutting prop- 
erty has subsequently to such establishment of 
grade built upon or otherwise improved the 
property in conformity with such established 
grade, and such grade is changed after such 
buildings or improvements have been made. 
In such cases damages occasioned by such 
change of grade to such buildings and im- 
provements shall be ascertained and assessed 
in connection with and as a part of the ex- 
penses of grading or otherwise improving the 
street or avenue in conformity with the grade 
as changed. A grade shall be deemed estab- 
lished by lawful authority within the mean- 
iug of this section where It was originally 
adopted by the action of the public authori- 
ties, or where the street or avenue has been 
used by the public as of right for twenty years 
and been improved by the public authority at 
the expense of the public or of the abutting 
owners. 

All laws Inconsistent herew'ith are hereby 
repealed. 

In case the grade of any .such street .shall 
be changed, and the same shall have been 


regulated and graded according to the new 
grade, after the certificate of the cost of such 
regulating and grading shall have been re- 
ceived by the board of assessors, it shall be 
the duty of the said board to cause to be pub- 
lished in the City Record, and the cor- 
poration newspapers, for at least ten 
days successively, a notice which shall con- 
tain a request for all persons claiming to 
have been Injured by the said change of grade 
to present, in writing, to the secretary of the 
board of assessors, their claims, specifying 
a place where and a time when the said 
board will receive evidence and testimony of 
the nature and extent of such Injury. 

After hearing and considering the said tes- 
timony and evidence the board of asses — 
shall make such awards for such loss and 
damage, if any, as it may deem proper. The 
amount of the said awards shall be included 
in the assessment for the regulating and grad- 
ing of the street in question, as a part of the 
expense thereof, and the said award, and the 
proceedings of the assessors in relation there- 
to, shall be subject to review by the board of 
revision of assessments. 

Koreeolus; weetion— Iiow ooiiMtmed. 

Sec. 952. The foregoing section shall not 
be construed to authorize the making of an 
award for loss or damage caused by change 
of grade in any case in which an award could 
not legally be made under laws existing Im- 
mediately previous to the passage of this act, 
and affecting any part of the territory of the 
mayor, aldermen and commonalty of the city 
of New York nor shall it he construed to 
affect the powers of any commission acting 
under any laws of this state. 

Awards — when to he paid; action for 

<lefault. 

Sec. 953. The city of New York shall, with- 
in four months after confirmation of any as- 
sessment, including awards made in pur- 
suance of the last section but one, pay to the 
respective parties entitled thereto the amount 
of such awards, and in case of its neglect or 
failure to pay the same at the expiration of 
the said period, and after '■■-•'nd. it shall 
be lawful for the persons entitled to the 
same to sue for and recover the amount 
of their awards. In case any such award or 
compensation shall be paid to any person not 
entitled thereto, when the same ough* to 
have been paid to some other person, it shall 
be lawful for the person to whom the same 
ought to have been paid to sue for and re- 
cover the same with interest and costs, as so 
much money had and received to his use 
by the person or persons — oc;;vcly to 
whom the same shall have been so paid; 
provided that when the name or names of the 
owner or owners, party or parties, are not 
set forth in the report of the assessors, or 
where the said owners, parties or persons re- 
spectively being named therein shall be In- 
sane, a married woman, under the age of 
twenty-one years, or absent from the city, 
or after diligent search cannot be found, or 
their title to receive such awards disputed, 
it shall be lawful for the city of New York 
to pay the sura mentioned in said report, oi 
that would be coming to such owners, parties 
and persons respectively, to the chamberlain, 
to be secured, disposed of and invested as the 
supre.me court shall direct, and such pay- 
ments shall be as valid and effectual in all 
respects as if made to the said owners, par- 
ties and persons respectively themselves, ac- 
cording to their just rights, if they had been 
known and had been persons of full age, 
single women and of sound mind. 

AftNPMMiiipntH for deeiieiiing water In 
<lopkH. etc. 

Sec. 954. The expense of conforming to any 
order or direction made in accordance w'ith 


YORK. 


section 832 of this act, or of carrying the 
same into effect, shall be estimated and as- 
sessed by the board of assessors upon or 
among the owner or owners of any or every 
wharf, pier, dock, bulkhead, piece of land, 
water-right, or privilege, near or adjacent to 
which any such water may be deepened, and 
which may in any manner be benefited there- 
by, In proportion, as nearly as may be, to the 
advantage which each shall be deemed to 
acquire. Every such estimate and assess- 
ment, after confirmation, shall be binding 
and conclusive upon the owners thereby as- 
sessed respectively, and shall be a Hen or 
charge upon the property or premises in re- 
spect to which the same may have been 
made. 

TITLE 3. “ ' 

VACATING AND MODIFYING ASSESS- 

-MEXTS FOR LOCAL, IMPROVEMENTS 
OTHER THAN THOSE CONFIRM- 
ED BY A COl'RT OF RECORD. 
Remedies limited. ‘ 

Sec. 958. No suit or action in the nature of a 
bill in equity or otherwise shall be com- 
menced for the vacation of any assessment in 
said city, or to remove a cloud upon title; but 
owners of property shall be confined to their 
remedies in such cases to the proceedings un- 
der this title. It shall be law ful, however, 
for the controller, a cting under the written 
advic e of the ccrporatl on counsel, to'“com- 

prom ise and settle claims for assessments 
for l ocal imp rovements heretofore confirmed 
and Interest thereon, an d payments made in 
a cco r dance with th e terms of such settle- 
ments shall be in the na ture of accord and 
satisfaction and no action shall be main^ 

talnable to recover back amoun ts thus paid. 

Petition to the .suiireme court in case 

of franil or anhstantial error. 

Sec. 959. If in the proceedings relative to 
any assessment or assessments for local im- 
provements. or in the proceedings to colleci 
the same, any fraud or substantial error shall 
he alleged to have been committed, the party 
aggrieved thereby may apply to a justice of the 
supreme court in special term or in vacation, 
who shall thereupon, upon due notice to the 
corporation counsel, proceed forthwith to 
hear the proofs and allegations of the parties. 
If, upon such hearing, it shall appear that the 
alleged fraud or substantial error, other than 
such errors as are specified in the next section, 
has been committed as provided In this title, 
the said assessment shall be vacated or modi- 
fied, and the lien created thereby, or by any 
subsequent proceedings, shall cease. If, up- 
on such hearing, it shall appear that, by rea- 
son of any alleged irregularity, the expense 
of any local improvement has been unlawfully 
increased, the judge may order that such as- 
sessment upon the lands of said aggrieved par- 
ty be modified by deducting therefrom such 
sum asisinthesameproportlon to sUch assess- 
ment as is the whole amount of such unlawful 
increase to the whole amount Af tne e.xpeuse 
of such lo-cal improvement. Any order that 
may be made by a justice under authority cf 
this section shall be filed in the office of the 
county clerk of the county in which the lands 
are situated, and after the filing of a certified 
copy thereof with the officer having charge of 
the a.ssessment, it shall be his duty to cancel 
or reduce the assessment, as required by the 
order, or do any other act required thereby. 

A.sKOH.Minent.<« not to be set aside foe 

eertniu IrreKnlarities and technieal- 

ities. 

Sec. 960. No assessment heretofore made or 
imposed, or which shall hereafter be made or 


THE CHARTER OF THE CITY OF NEW YORK. 


105 


imposed for any local Improvement or other 
puDlic work, already completed or now being 
made or performed, or which shall hereafter 
be made, done or performed, shall hereafter 
be vacated or set aside for or by reason of 
any omission to advertise, or Irregularity in 
advertising any ordinance, resolution, notice, 
or other proceeding relative to or authorizing 
the improvement or work for which such 
assessment shall have been made or imposed 
or for proposals to do the work, or for or by 
reason of the omission of any officer to per- 
form any duty imposed upon him, or for or by 
reason of any defect in the authority of any 
department or officer upon whose action the 
assessment shall be in any manner or to any 
extent dependent, or for or by reason of any 
omission to comply with or carry out any 
detail of any law or ordinance, or for or by 
reason of any irregularity or technicality, 
except only in cases in which fraud shall be 
shown and in case of an assessment for re- 
paving any street or public place, upon prop- 
erty for which an assessment' has once been 
paid for paving the same street or public 
place; and all property in said city benefited 
by any improvement or other public work 
already completed, or now being made cr 
performed, and hereafter made, done or per- 
formed, except as aforesaid, shall be liable 
to assessff.ent for such improvement or work 
and all assessments for any such improve- 
ment or other public work shall be valid 
and binding notwithstanding any such omis- 
sion. irregularity, defect in authority or tech- 
nicality. No assessment shall be vacated by 
reason of fraud or irregularity in the pro- 
ceedings to collect the same by sale of the 
assessed premises; but upon proof of such 
fraud or irregularity, such sale shall be set 
aside and the respective rights and liabilities 
of the assessed person and of the city of 
New York s^iall become and be the same as 
if such sale had not been made. 

claim.<« may be embraced in one 

proceed lug:. 

Sec. 9C1. Any person applying for relief, 
under the provisions of this title, may em- 
brace- in cne proceeding any or all assess- 
ments for Iceal improvements in which he is 
interested. 

Power of conrt to vacate or reilace as- 
sessments limited and iiualiticd. 

Sec. 9G2. No court shall vacate or reduce any 
assessment in fact or apparent, whether void 
or voidable, on any property for any local im- 
provement, otherwise than to reduce any such 
assessment to the extent that the same may 
be shown by parties complaining thereof to 
have been in fact increased in dollars and 
cents by reason of fraud or substantial error; 
and in no event ^hall that proportion of any 
such assessment, which is equivalent to the 
fair value or fair cost of any local im- 
provement, with interest at the rate of three 
per centum per annum from the date of con- 
firmation to the date of the final order of re- 
duction, and seven per centum thereafter, be 
disturbed for any cause. 

The provisions of this section shall apply 
to actions to recover money paid for assess- 
ments, and the amount recovered shall be 
limited to the excess over the fair value or 
fair cost of the improvement. 

When proceeding- lo vaeale, ele., lo 

be brought. 

Sec. 963. All proceedings to vacate or re- 
duce assessments in the city of New York 
must be brought within one year after the 
confirmation thereof. 

Re-assessment. 

Sec. 96-1. Any lands which may be discharg- 
•d from any lien for an assessment for any 


local improvement or as to which a sale for 
non-payment of such assessments authorized 
to be made by section ten hundred and 
twenty-seven of this act has been vacated or 
se£ aside may be again assessed in the 
manner provided by law, for such amount 
as would have been justly chargeable if fraud 
or irregularity had not been committed; and 
the amount so assessed shall be a lien on 
said lands until paid, and shall be collecti- 
ble in the manner provided by law for the col- 
lection of assessments; but all proceedings 
to make a new assessment shall be at the 
expense of the city, 

TITLE 4. 

OPEXIXG STREETS AXD PARKS. 
-Authority to open streets. 

Sec. 970. The city of New York is authorized 
to acquire title for the use of the nublic to all 
or any of tCie lands required for streets, parks, 
approaches to bridges and tunnels, sites or 
lands above or under water for bridges and 
tunnels, and sites or lands above or under 
water, for all improvements of tbe navigation 
of waters within or separating portions of the 
city of New York, or of the water fronts of the 
city of New Y’ork or part or parts thereof, 
heretofore duly laid out upon the map cr plan 
of the city of New York, of the City of Brook- 
lyn, of Long Island City or of any at the ter- 
ritory [by this act 3 consolidated with the 
corporation heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York, or hereafter duly laid out upon the 
map or plan of The City of New York, as 
herein constituted, and to cause the same 
to be opened. The board of [public im- 
provements3 est imate and ap portionment 
is authorized to direct the same to be done 
whenever and as often as it shall deem it for 
t'ne public interests so to do. The lands, tene- 
ments and (leredkaments that may be required 
for such purposes may be taken therefor, and 
compensation and recompense made to the 
parties and persons, if any such there shall be, 
to whttn the loss and damage thereby stiali be 
deemed to exceed the benefit and advantage 
itiereof, for the excess of the damage over and 
above the value of said benefit. The City 
of New York is authorized to make ap- 
plication, or to cause application to be made, 
to the supreme court cf ttiis state in the firs: 
or second judicial departments, as the case 
may be, for the appointment of commissioners 
of estimate and assessment to ascertain and 
determine the compensation and recompense 
which iliould justly be made to the respective 
owners, lessees, pa.rties and persons respect- 
ively entitled unto or interested in “the lands, 
tenements, hereditaments and premises, pro- 
posed to be taken for any of the purposes 
aforesaid, and lo assess the cost cf such im- 
provement [of] or such proportion thereof 
as the board of [public improvements] esti- 
m ate and apportionment directs, upon such 
parties and persons, lands and tenements as 
may be deemed to be benefited thereby. 
Streets or portions thereof which are contin- 
uations of each other in the same general di- 
rection may be embraced in the same pro- 
ceeding. The moneys collected upon the as- 
sessment of the commissioners of estimate 
and assessment shall be paid into the city 
treasury. The damages awarded by the com- 
missioners oi estimate and assessment shall 
become due and payable immediately upon 
the confirmation of the report of said com- 
missioners of estimate and assessment. 

Removal oi' butlding.H. 

Sec. 971. The board of [public improve- 
ments] estimate and apportionment may 
permit any building which shall be either 


partly or wholly included within the Itoits 
of any such street, or park laid out la 
the said city, and so to be opened as afore- 
said, to remain unremoved for such time or 
times as they shall think proper. 

Colnmbia college, St. Jolin’s college 
and I'nlverslty of the City of Xew 
York; streets not to be opened 
tbrough grounds of. 

Sec. 972. It shall be unla-wful to open any 
streets through the grounds belonging to the 
corporation of St. John’s college, in. Its actual 
occupation at what was formerly known as 
Fordham, or through or upon any part of the 
land and premises now owned by the Univer- 
sity of the City of New York, extending from 
Sedgwick avenuexto Aqueduct avenue, in the 
city of New York, and lying immediately 
south of and adjacent to One Hundred and 
Eighty-first street, sometimes called Univer- 
sity avenue, so long as the same shall be 
owned or occupied for educational purposes 
by the. said university; provided, however, 
that nothing in this section contained shall 
be construed to interfere with the opening 
of One Hundred and Eighty-first street, be- 
tween Andrews avenue and Aqueduct avenue, 
at any time hereafter, and provided that the 
said University of the City of New York 
shall dedicate without claim or reward for 
damages all of the land required for Blast On* 
Hundred and Eighty-first street, between An- 
drews avenue and Aqueduct avenue. No 
street from One Hundred and Sixteenth street 
to One Hundred and Twentieth street, or 
from Amsterdam avenue to the Boulevard, 
shall at any lime be opened through th* 
grounds of Columbia college, so long as such 
grounds are owned or occupied for educationai 
purposes. 

Application for the appointment «f 
commissioners. 

Sec. 973. 'W’henever the opening of any 
street shall have been duly authorized and 
directed, as provided in this act, it shall b* 
the duty of the corporation counsel immedi- 
ately to institute a proceeding to acquire title 
for the use of the public to the land required 
for such street, and upon due notice by ad- 
vertisement duly published in the City Record 
and the corporation newspapers for ten days, 
and by causing copies of the same in hand- 
bills to be posted for the same space of time 
in three conspicuous places adjacent to the 
property to be affected by the intended im- 
provement, to mdk© application to the su- 
preme court, i.’i the appropriate department 
thereof within the city, and in the manner 
appropriate to proceedings for the appoint- 
ment of commissioners of estimate and as- 
sessment, indicating in such application the 
land required for that purpose by referenc* 
to the maps oo file in bis office. Upon such 
an application it shall be lawful for the said 
court to [nominate and] appoint three dis- 
creet and disinterested persons, being citi- 
zens of the United States, all of w'hom shal l 
be residents and freehol ders of the borough 
where the proper ty to be tak e n is located, 
commissioners of estimate and assessment in 
said proceeding, for the performance of the 
duties in this chapter mentioned. [The cor- 
poration counsel may nominate three discreet 
and disinterested persons to said court, of 
whom it may designate one who may be ap- 
pointed. Any person who may be interested 
in the property which will be affected by the 
intended improvement, which interest for 
this purpose shall be decided by his own affi- 
davit statjng the nature and extent of such 
interest, may present to the court the name 
of one or more JDersons whose names shall 
form a list out of w'hich, ii a majority in in- 
terest of the persons so interested shall 
agree upon th j name cf one person, Uu( 


106 


THE CHARTER OF THE CITY OP NEW YORK. 


person may ne appointed; but if a majority 
thali not agn e upon one person, then the 
lourt may appoint one person out of the 
names of such list, after which the said 
court may apT>oint a third person out of the 
names so presented by the corporation coun- 
sel and by the parties interested, all of which 
persons so named] The persons so ap- 
p(Mnted shall be subject to the right of chal- 
lenge on the ground of interest, incapacity 
or disqualification, to be exercised by the 
corporation counsel or by any person having 
an interest in the said proceedings; and if 
any of them be rejected for good cause, or 
refuse to serve, then another shall be a p- 
pointed [may be nominated] in his stead 
by the court , [same party.] 

Aiuendmeuts of tlefeofs. 

Sec. 9T4. Said court shall have power at 
any time to amend any defect or informality 
in any special proceeding authorized by this 
title, that may be necessary, or to cause 
property to be affected thereby to be excluded, 
or other property to be included therein by 
amendment, upon ten days’ notice published 
and posted as aforesaid, and to direct such 
further notices to be given to any party in 
Interest as it deems proper, and also to ap- 
point other commissioners in place of any 
who shall die, or refuse, or neglect to serve, 
or be incapable of serving, or be removed. 
If, in any particular, it shall, at any time 
be found necessary to amend any petition, 
pleading, proceeding or order, or to supply 
any defect therein, arising in the course of 
any special proceeding authorized by this 
title, the same may be amended or supplied 
in such manner as shall be directed by the 
supreme court, which is hereby authorized 
to make such amendments or corrections. 

A'aeaiioles among: commissioners; how 

filled. 

Sec. 975. In case of the death, resignation, re- 
fusal to act, or failure to qualify within ten 
days after his appointment of any such com- 
mlvsionei of estimate and assessment, to be 
appointed under and by virtue cf this title, 
for any such aforesaid purpose, it shall and 
may be lawful for the court aforesaid, or of 
any of the justices thereof, on the application 
of the city, on notice only to any person in- 
terested who may have appeared on the prior 
application, as often as such event shall hap- 
pen, to appoint a discreet and disinterested 
person, being a citizen of the United States, 
in the place and stead of such commissioner 
so dying, resigning, refusing to act, or fail- 
ing to qualify, and the surviving or acting 
commissioners, as the case may be, shall have 
power to proceed in the execution of the du- 
ties of their appointment, until a successor 
of the commissioner so dying, resigning, or 
refusing to act, or failing to qualify, shall 
be appointed. 

Two commissioners may act. 

Sec. 97C. In all and every case of the ap- 
pointment of commissioners by the court 
aforesaid, for any of the purposes aforesaid. 
It shall be competent and lawful for any two 
of such said commissioners so to be appoint- 
ed, to proceed toand execute and perform the 
trusts and duties of their said appointment, 
and their acts shall be as valid and effectual 
as the acts of all the commissioners so to bs 
appointed for such said purpose it they had 
acted therein would have been. In all cases 
the acts, decisions, and proceedings of the 
major part of such of the commissioners to 
be appointed tor any of the j)urposes afore- 
said as shall be acting in the premises, shall 
always be as binding, valid and effectual as if 
the said commissioners named and appoint- 


ed for such purpose had all concurred and 
joined therein. 

Oath or pomiuLsMioiiers. 

Sec. 977. Commissioners when they are ap- 
pointed and before they enter upon the per- 
formance of the duties of their appointment, 
sha 1 severally take and subscribe before 
sotic person authorized by law to administer 
or.tbs, the following oath or affirmation; "I 
do soiemnly swear (or altirm) tnat I will 
support the constitution of the United States 
and the censtitution of the state of New York, 
and that I will faithfully discharge the duties 
of the cilice of commissioner according to 
the best of my ability.” Such oath or af- 
firmation shall be filed in the office of the 
clerk of the county in which the order ap- 
pcinfing the said commissioners has been en- 
tered. 

CoinniiKHioners to view and grive notice 

of tlieir appointment. 

Sec. 978. It shall be the duty of the said 
commissionens when appointed in a proceed- 
ing, to view the lands, tenements and prem- 
ises to be thereby acquired, and lands, tene- 
ments, hereditaments, and premises adjacent 
theTeto, if they shall deem euch view to he 
necessary or useful. They shall cause to be 
puiiliished in the City Record notice of Aeir 
appointment, containing a brief statemenc of 
the purposes for which they have been ap- 
pointed, and requiring all parties and persons 
interested in the real escate taken or to be 
taken for the purpose of opening, extending, 
enlarging, straightening, altering, or other- 
w'ise improving the said street or park af- 
fected thereby, and having any claim or de- 
mand on account thereof, to present the same 
to them duly verified, with such affidavit or 
other proof as the owners or claimants may 
desire, within twenty days after the date of 
such notice, and stating a time and place af- 
ter the expiration of said twenty days when 
the said parties and persons shall be heard 
in relation thereto by Ae sail commission- 
ers. At the time and place flxeu by said no- 
tice, or at any such further cr other times 
and places as the said commissioners may ap- 
point, the said commissioners shall hear such 
owners and examine the proof of such claim- 
ant or claimants, or such additional proof and 
allegations as- may then be offered by such 
owners, or on behalf of the city of New York. 

Certain powers of coinmissioners. 

Sec. 979. It shall be lawful for the commis- 
sionens of estimate and assessment duly ap- 
pointed in procesdings authorized oy this ti- 
tle to administer oaths. And the said com- 
missioners may, as a condition for the open- 
ing of a default, require the party applying 
therefor to pay the fees of the commission- 
ers, and ihe clerical expenses of the com- 
missioners for the additional meeting or 
meetings of the commissioners made 
necessary by the fault of such par- 
ty. They shall reduce any testimony 
taken before them to writing. They may 
cause such maps cr diagrams to be prepared, 
if they deem the same necessary, as will ena- 
ble or assist them to hear and determine the 
claims or interests of the said owners and 
persons interested. From the surveys and 
maps furnished to or prepared by them and 
such other information as the said commis- 
sioners shall possess cr obtain, they shall 
cause diagrams to be prepared which shall 
distinctly indicate, by separate numbers, the 
names of the owners of or the claimants to 
the respective plots cr parcels of land to be 
taken or assessed by such proceeding, and 
which shall also specify, in figures, with suf- 
ficient accuracy, the dimensions and bounds 
of each said tracts or parcels. 

The said commissioners, before the comple- 


tion of their estimate and assessments, may 
obtain from the city of New York a profile 
or plan, if they shall deem the same useful, 
showing the intended regulation of the street, 
or part of a street, with regard to the open- 
ing of which they have been appointed, as to 
the elevation or depression thereof, after the 
same shall be opened, extended, enlarged, 
straightened, altered, or otherwise improved, 
as the case may be; and also profiles or plans, 
if they shall deem the same useful, show- 
ing the intended regulation of the adjacent 
street or streets, as to the elevation or de- 
pression thereof, after such improvement. 

The said commissioners may require any 
beard, department, or officer of the city of 
New York to furnish to them such surveys 
and maps as may be required by them. 

Coiiiinissionerti to asoertalu damagrea 

and lienefit. 

Sec. 980. After bearing such testimony and 
considering such proofs as may be offered, the 
commissioners, or a majority of them, all 
having considered the same, or having had an 
opportunity to be present, shall, without un- 
necessary delay, ascertain and estimate the 
compensation which ought justly to be made 
by ihe city of New York to the respective 
owners, lessees, parties and persons respect- 
ively entitled unto or interested in the lands, 
tenements, hereditaments and premises so re- 
quired for the improvement; and make a 
just and equitable estimate and assessment 
aiso of the value of the benefit and advantage 
of such improvement to the respective oavners, 
lessees, parties and persons respectively en- 
titled unto or interested in the lands, tene- 
ments, hereditaments and premises not re- 
quired fer the said improvement, and prepare 
an abstract of their estimate and assessment. 
They shall not, in making their estimate and 
assessment of the value of the benefit and 
advantage of the said improvement, be con- 
fined to any definite limit, but shall and here- 
by are authorized to extend such estimate and 
assessment to any and all such lands, tene- 
ments and hereditaments and premises as 
they may deem to be benefited by the im- 
provement, and which they may judge ex- 
pedient to include in their report in the prem- 
ises. The board of [public improve- 
ments] estimate and apportionment may 
in any case determine whether any, and, if 
any, what proportion of the cost and expense 
thereof shall be borne and paid by the city 
of New York, and the remainder of such c;st 
and expense shall be assessed upon the prop- 
erty deemed to be benefited thereby. 

The said commissioners shall in no case 
assess any house, lot, improved or unim- 
proved lands, mere than one-half the value of 
such house, lot, improved or unimproved 
land, as valued by them. It .shall be lawful 
for the said commissioners, if they shall deem 
it just and equitable under the circumstances 
to do so, but not otherwise, to assess any 
part, not exceeding one-third part cf the esti- 
mated value of any building or buildings 
taken in the proceeding, but not of any other 
improvement, upon the city of New York, 
y the said commissioners of estimate and 
assessment shall judge that any intended regu- 
lation will injure any building or buildings 
not required to be taken for the purpose of 
opening, extending, enlarging, straightening, 
altering, or improving such street or jiart of 
a street, they shall proceed to make, tegether 
with the other estimates and assessments re- 
quired by law to be made by them, a just 
and equitable estimate and assessment of the 
loss and damage which will accrue, by and 
in consequence of such intended regulation, 
to the respective owners, lessees, parties and 
persons, respectively, entitled unto or in- 
terested in the said building or buildings so 


THE CIIAUTIOR OF THE CITY OF NEW YORK. 


107 


to be injured by the said intended regularion; 
and the sums or estimates of compensation 
and recompense for such loss and damage 
shall be included by the said commissioners 
in their report and included in the assess 
ment for benefit 

Abstract of estimate ami assessment 

to be tleposited. 

Sec. 381. The said commissioners shall de- 
posit in the bureau of street openings in the 
law department their said abstract cf their 
estimate and assessment at least thirty days 
before their report shall be presented to the 
court for eorflrmation, which abstract shall 
be accompanied by copies of the diagrams 
used by them and which shall refer to the 
numbers thereby indicated, and state the 
several sums respectively estimated for or 
assessed upon each of said parcels with the 
name or names, claimant cr claimants, so far 
as ascertained by said commissioners. They, 
shall also deposit all the affidavits and proofs 
used by them in making their report. They 
shall also publish a notice for fifteen days 
in the City Record and in the corporation 
newspapers, and when authorized pursuant 
to this act, in not more than one newspaper 
published in the borough in w'hich the prop- 
erty is located, stating their intention to pre- 
sent their reprrt for confirmation to the said 
court at a time and place to be specified in 
said notice, and that all persons Interested 
in such proceedings or in any of the lands 
affected thereby, having objections thereto, 
shall file the same, in writing, duly verified 
with said commissioners within twenty days 
after the first publication of said notice, and 
that the said commissioners will hear parties 
so objecting at a place and at a time after 
the expiration o-f said twenty days, to be spec- 
ified in Said nctice. Similar notice for at 
least ten days shall be given of any new, 
supplemental cr amended abstract. At the 
time and place named in said notice the said 
commissioners slall hear the person cr 
persou.s who have objected to the said ab- 
stract, and who may then and there appear, 
and shall have power to adjourn from time 
to time until all such persons shall be fully 
heard. 

A iiieiidiiieiit of nb.Htrai'(. 

Sec. 982. It shall not be lawful for the com- 
missioners of estimate and assessment to alter 
or amend any abstract or report, or supple- 
mental or amended abstract cr report, after 
the same shall have been deposited for inspec- 
tion as required by law, by increasing the 
amount of any assessment for benefit, or di- 
minishing any award for damage, unless the 
person or persons, party or parties, affected 
by such Increase or diminution shall have had 
notice thereof and an opportunity of being 
heard before said commissioners before their 
report shall be presented to the court for 
confirmation. 

Witness; !io%v compelled fo fostify. 

Sec. 983. Upon the application of any person 
or persons whose rights may be affected by 
the said estimate or assessment, verified by 
the oath or affirmation of such applicant or 
his agent, that any witness, residing cr being 
in the city cf New York, w'hose affidavit to 
verl.'y or oppose any objection to the eaid 
estimate or assessment is material or neces- 
sary to such party, refuses voluntarily to ap- 
pear before any officer authorized to take such 
affidavit, to testify or affirm to such matter 
as he may know, touching such objection, any 
one of the said commissioners of estimate and 
assessment in the proceeding may issue a sub- 
pena, under his hand, requiring such witness 
to appear and testify to such matters as he 
may know touching the said estimate or as- 
sessment, at such time and place as the said 


cemmissioner may designate in such subpeua. 
I .\nd every person, who, being served with 
1 such subpena, shall, without reasonable cause, 

I refuse or neglect to appear, or appearing, 
j shall refuse to answer, under oath or afflrma- 
j tion, touching the matters aforesaid, shall 
j forfeit to the party injured cne hundred dol- 
I lars; and may also be committed to prison by 
j any justice of the supreme court upon appHca- 
! tIon duly made on behalf of the commissioner 
I who issued such subpena, there to remain, 
without bail and without the liberties of the 
jail until he shall submit to answer, under oath 
or affirmation as aforesaid. The testimony 
of such witness when given shall be reduced 
to writing in the presence of and be sworn 
or affirmed to before such commissioner. 

ComnaissioiierM to i»i-e.seiit report to 
court. 

Sec. 984. After considering the objections, if 
any, and making any correction or alteration 
of their estimate or assessment, which said 
commissioners, or any two of them shall find 
to be just and proper, the said commissioners 
I shall file the said report, signed by them or a 
majority of them, in the office of the clerk of 
the county where the lands are situated at 
least five days before the time mentioned in 
I said notice for the presentation of said report 
j to the court for confirmation, cr the date to 
I which the same shall have been duly ad- 
I journed. The said commissioners, or any per- 
son interested in said proceeding, shall noti- 
fy the corporation counsel and all persons who 
have filed their objections as aforesaid, or who 
have theretofore appeared as soon as the said 
report shall have been filed. The corporation 
counsel may present the same for confirma- 
tion, cr, in case of his neglect or refusal, any 
j person interested in the lands taken or re- 
! quired for said improvement may present the 
I same, upon notice to the corporation counsel. 


Report ; whal to contain. 


Sec. 985. The report of the commissioners 
i shall consist of the diagram hereinbefore re- 
I ferred to, duly corrected, when necessary, 
with a tabular abstract of the estimate and 


assessment, with any corrections cr alterations 
thereof by said commissioners, showing fully 
and separately to the said court the amount 
of loss and damage, and of benefit.and advan- 
tage to each and every owner, lessee, party 
and person entitled or interested in any lands, 
tenements, hereditaments or premises affected 
by the improvement. In said report the com- 
missioners who shall make the same shall set 
forth the names of the respective owners, les- 


sees, parties and persons entitled unto or in- 
terested in the said lands, tenements, heredita- 
ments and premises mentioned in the said re- 
port. and each and every part and parcel there- 
i of, as far forth as the same shall be ascer- 
! tained by them, and an apt and sufficient des- 
! Ignatlon cr description of the respective lots 
j or parcels of land and other tenements, here- 
I ditaments and premises that may be required 
I for the purpose of opening such street or park, 
I or part thereof so to be opened, or laying out 
■ and forming or extending and enlarging or 
j otherwise improving such street or park so 
! to be laid out and formed, or so to be ex- 
tended, enlarged or otherwise improved, as 
the case may be, and also of the said re- 
spective lots or parcels of land and other ten- 
ements, hereditaments and premises not in- 
cluded within, but deemed to be benefited by 
the same, and so assessed by the said com- 
missioners for the said benefit as aforesaid. 
It shall refer to the number of the tracts and 
I parcels indicated by said diagrams, and state 
the several sums respectively estimated for or 
; assessed upon each of said tracts or 
parcels, with the name or names of the owners 
‘ or claimants of each, if ascertained by raid 


commissioners. lYhenever the said commis- 
sioners shall be unable to ascertain with suf- 
ficient certainty the name of any owner of 
any parcel of said lands, they shall Indicate 
such parcel upon the diagram embracing it, 
as belonging to unknowu owners. It shall 
not be necessary in said report to describe any 
of the said tracts or parcels by metes and 
bounds, but only by reference to the said 
diagrams. It shall also set forth the several 
and respective sums estimated and assessed 
as and for the compensation and recompense 
or the allowance to be made for the loss and 
damage, or for the benefit, as the case may be, 
of the respective owners of the fee or inherlt- 
! ance of such lands, tenements, hereditaments 
I and premises respectively, and for the loss and 
I damage, or for the benefit, as the case may 
I be, of the respective owners of the leasehold 
I estates or other interests therein separately; 
j but in all, and each and every case and cases 
j where the owners and parties interested, or 
j their respective estates and interest are un- 
I known, or not fully known to the said com- 
j missioners, it shall be su.fficlent for them to 
estimate and assess and to set forth and state in 
their said report. In g3neral terras, the respective 
sums to be allowed and paid to or by the own- 
ers and proprietors generally of such said 
lands, tenements, hereditaments and premises, 
and parties interested therein for the loss and 
damage, or for the benefit and advantage, 
as the case may be, to such owners, proprietors 
and parties Interested in respect of the whole 
estate and interest of whomsoever may be 
entitled to, unto or interested in the said 
lands, tenements, hereditaments and premises, 
respectively, by and in consequence of the said 
operation and improvement of opening, lay- 
ing out and forming or extending, en- 
larging or otherwise improving the said street 
or park or section thereof so to be opened or 
so to be laid out and formed or extended, 
enlarged or otherwise improved, as the case 
may be. without specifying the names of the 
estates or interests of such owners and pro- 
prietors and parties interested, or of any or 
either of the.-n. Said commissioners of esti- 
mate and assessment may, [in their discre- 
tion, or when required by] when authorized 
by a unanimous vot e of all the members 
of the board of [public improvements] 
estimate and apportionment make up 

and file a preliminary abstract of 

their estimate of damages, separate and 
apart from their estimate of assessments 
for benefit, embracing either the entire 
lands, tenements, hereditaments and prem- 
ises to be acquired or successive sections or 
parcels thereof, and ascertain and estimate 
the compensation to be made thereon and 
make a separate report with reference there- 
to. Such separate or partial report shall be 
made in the same form and manner and such 
proceedings shall be had in respect thereto 
as in respect to the report of the commission- 
ers relative to the entire lands taken and 
assessed as herein provided for, except that 
the final or last separate report shall contain 
the assessment for benefit. 

I’roceediiijis upon iircNentutioii of re- 
port for eonfiriiiation. 

Sec. 98C. The application for the confirma- 
tion of the report shall be made to the 
supreme court at a term thereof held within 
the city of New York as constituted by this 
act, and in the judicial department within 
which the lauds are situated. Upon the 
coming in of the said report, signed 
I by the said commissioners, or any two 
' of them, and upon the hearing of the 
application for the confirmation thereof, if 
title to said lands shall not have been there- 
! tofore vested in the city of New York, or iX 


lOS THE CJIARTER OP TFIE CITY OF NEW YORK. 


said lands are not being condemned for a 
public park, parkway, public square or place, 
and if persons who appear by the said report 
to be interested, either by assessment for 
benefit or award for damages, to the amount 
of a majority in amount of the whole as- 
sessments and awards, shall appear and ob- 
ject to further proceedings upon the said 
report, the court shall order the proceed- 
ing to be discontinued; otherwise the 
said court shall by rule or order, after 
hearing any matter which may be alleged 
against the same, either confirm the said 
report in whole, or in part, or refer the 
same, or a part thereof, to the said com- 
missioners for revisal and correction, or to 
new commissioners, to be appointed by the 
said court to reconsider the subject matter 
thereof, and the said commissioners to whom 
the said report or part thereof shall be so 
referred shall return the same report or 
such part thereof, corrected and revised, or 
a new report to be made by them in the 
premises to the said court without unneces- 
sary delay; and the same on being so re- 
turned shall be confirmed or again referred 
by tbe said court in manner aforesaid, as 
right and justice shall require, and so from 
time to time until a report shall be made or 
returned in the premises, which the said 
court shall wholly confirm, and such report, 
when so confirmed by the said court, shall, 
unless set aside or reversed on appeal, be 
final and conclusive, as well upon the city of 
New York as upon the owners, lessees, per- 
sons and parties interested and entitled unto 
the lands, tenements, hereditaments and 
premises mentioned in the said report; and 
also upon all other persons whomsoever. 
Uuplionte copies of report to he filed. 

Sec. 987. Duplicate copies of said report 
signed by the said commissioners, or any two 
of them, shall be filed by the corporation 
counsel of said city, one in the office of the 
controlier, and the other in the office of the 
clerk of the supreme court, where the order 
confirming said report is entered. 

Appeals. 

Sec. 988. The city of New York or any 
party or person affected by the said 
proceeding and aggrieved by the said 
report when confirmed as aforesaid, may ap- 
peal to the appellate division of the said court. 
Such appeal shall be taken and heard in the 
manner provided by the code of civil proced- 
ure and the rules and practice of the said 
court in relation to appeals in special proceed- 
ings, and such’ appeal shall be heard and de- 
termined by such appellate division upon the 
merits both as to matters of law and fact. 
But the taking of an appeal by any person or 
persons shall not operate to stay the pro- 
ceedings under this act. except as to the par- 
ticular parcel of real estate with which the 
appeal is concerned; and the order confirming 
the said report shall be deemed to be final and 
conclusive upon all parties and persons affect- 
ed thereby who have not appealed. Such ap- 
peal shall be heard upon tbe evidence taken 
before the said commissioners, or such part or 
portion thereof as the court at special term 
may certify, or the parties to. said appeal may 
agree upon as sufficient to present the merits 
of the questions in respect to which such ap- 
peal shall be had, and on affidavits as to ir- 
regularities which have been presented to the 
court at special term upon the coming in of 
such report of said commissioners. When an 
order confirming a report shall be reversed 
upon appeal, the commissioners to whom such 
report shall be referred for amendment, cor- 
rection. cr revisai, shall have power to make 
such additional assessment as may be neces- 
sary. 


.Ippenl (o roiirt of uitpenls untUorixetl. 

Sec. 989. .A.n appeal to the court of appeals 
may be taken by the city or any person or 
party interested in the said proceeding and 
aggrieved by the order of the appellate divi- 
sion. 

Such appeal may be taken within sixty days 
and heard in the manner provided by the code 
of civil procedure and the rules and practice 
of the court of appeals, in relation to appeals 
in special proceedings. The court of appeals 
may affirm or reverse the order appealed from, 
and may make such order or direction as shall 
be appropriate to the case, whether for a re- 
hearing of the same before the commission- 
ers, or for final confirmation of the report or 
otherwise. If the report is confirmed the 
court of appeals shall enter a final order in 
the proceedings which shall be binding upon 
all persons having any interest in the prop- 
erty or franchises condemned, and directing 
that compensation be made, pursuant to the 
determination of the commissioners, and the 
city shall thereupon be entitled to take and 
hold forever the property and franchises con- 
demned for the public use. Payment of the 
compensation into the court to the credit of 
any person or corporation mentioned in said 
order, in case tender thereof shall have been 
refused by such person or corporation, shall 
be deemed a payment within the provisions of 
this act. 

of title. 

See. 990. Should the board of [public im- 
provements] estimate and _apportlonment at 
any time deem it for the public interest that 
the title to the lands and premises re- 
quired for any street or park heretofore or 
hereafter laid out. widened, altered, extend- 
ed, or otherwise improved, should be ac- 
quired by The City of New York at a fixed or 
specified time, the said board of [public im- 
provements] estimate and apportionment may 
direct, by [resolution] a three-fourths vote 
where no buildings are upon such lands, 
that upon the date of the filing of tbe oath of 
the commissioners of estimate and assess- 
ment, as provided for in this chapter, or up- 
on a specified date thereafter, and where 
there are buildings upon such lands, that upon 
a date not le^ss than six months from the date 
of the filing of said oath, tbe title to any 
piece or parcel of land lying within the lines 
of any such street or park, shall be vested in 
the city of New Y’ork. Thereafter, when the 
said commissioners shall have taken and filed 
said oath, upon the date of such filing or upon 
such subsequent date as may be specified 
wnere no buildings are upon such lands, and 
where there are buildings upon such lands 
upon the date specified by said board of 
[public improvements] estimate and ap- 
portionment, either before or after the 
filing of such oath, the same being not less 
than six months from the date of said .filing, 
the city of New York shall become and be 
seized in fee cf said lands, tenements and 
hereditaments in the said resolution mention- 
ed, that shall or may be so required as afore- 
said, the same to be held, appropriated, con- 
verted and used to and for such purpose ac- 
cordingly, in like manner as are other public 
streets and parks, respectively, in the said 
city. In such cases interest at the legal rate 
upon the sum or sums to which tbe ovtiiers, 
lessees, parties or persons are justly entitled 
upon the date of the vesting of title in the 
city of New York as aforesaid, from .•^aid 
date to the date of the report of the com- 
missioners shall be allowed by the commis- 
sioners as a part of the compensation to which 
such owners, lessees, parties or persons are 
entitled. In all other cases, title, as aforesaid, 
shall ve-t in the city of New York upon the 
confirmation by the c.ourt of the report of the 


I commissioners. Upon the vesting of title the 
i city of New York, or any person or peracus 
acting under its authority, may immediately, 
or at any time thereafter, take possesaion of 
the same, or any part or parts thereof, with- 
out any suit or proceeding at law for chat 
purpose. 

The title acquired by the city of New York 
to lands and premises required for a street 
shall be in trust, that the same be appropri- 
ated and kept open for, or as part of a public 
street, forever, ir like manner as the other 
streets in the city are. and of right ought 
to be. The title acquired by the city of New 
York to lands and premises acquired for a 
park shall be a fee simple absolute. 

Witliiu n’hnt time proceediiiKM to I»e 

eompleted; removal of eommlsMioiierM 

Sec. 991. The commissioners appointed, in 
pursuance of this title, shall complete said 
proceedings on their part within six months 
from the time of their appointment, unless 
further time be allowed by the supreme court. 
.A.t least five days’ notice of the application 
for such extension shall be given by the cor- 
poration counsel to all persons who have ap- 
peared in said proceedings, and have specially 
requested that notice cf any such application 
be served upon them. Upon such application 
the court shall have power to make such order 
in the premises in respect to the time and man- 
ner of completing the report of said commis- 
sioners. and in respect to the taking and 
submission of the proof.s of the parties inter- 
ested, as will enable or require the commis- 
sioners to complete said proceeding on their 
part with reasonable dispatch; and if it shall 
appear that the said proceeding has been de- 
layed by reason of the inattention, neglect or 
refusal of said commissioners, or any of them, 
to act or attend, or of the failure of a majority 
of them to agree upon a report, the court may 
remove the commissioner or commissioners 
so neglecting or refusing, or the commission- 
ers failing to agree, and appoint a suitable 
person or persons in his or their place. .\nd 
the said court may, at any time, remove any 
of said commissioners of estimate and asssss- 
.ment who, in its judgment, shall be incapable 
of serving, or who shall, for any reason, in 
its judgment, be an unfit person to serve as 
such commissioner. The cause of such re- 
moval shall be specified in the order making 
the same. 

Owners may convey to the city. 

Sec. 992. The owners of land and of all 
real estate therein embraced w'ithin the lines 
of any street laid down and shown on the map 
or plan of the city of New York and compris- 
ing all the land within said lines in an entire 
block in extent, may, without compensation, 
and at their own expense, convey all their 
right, title, and interest therein, providing 
the same shall be free from incumbrances in- 
consistent with the title to be acquired by the 
city, to the city of New York, and upon the 
delivery of such conveyances to the corpora- 
tion counsel of said city, with the money 
necessary to record such conveyances and 
affidavits made by all such owners to the ef- 
fect that the persons making them are the 
owners of the estates in such lands so con- 
veyed by them, respectively, and stating their 
interests, and that such estates in such lands 
are free of all incumbrances, except as afore- 
said, together with abstracts of title and co.m- 
plete searches, if desired by such corporation 
counsel, it shall be the duty of such coriwra- 
tion counsel to examine such conveyances and 
papers, and if such titles shall not be rejected 
for good cause, by such corporation counsel, 
he shall cause the said conveyances to be re- 
corded in the office in which conveyances of 
real estate are reco.-ded in tbe county in 


THE CHARTER OF THE CITY OF NEW YORK. 


100 


which such lands are located, within sixty 
days after their delivery to him,. and file them 
with tho controller of such city, and there- 
upon the city of New York shail become 
vested with the title to said lands to the same 
effect and extent as If they had been acquired 
by a proceeding taken for the opening of that 
portion of said street; after the making and 
acceptance of such conveyances, no proceed- 
ings to open the lands so conveyed shall be 
taken or maintained, nor shali the lands 
fronting on that portion of the street so con- 
veyed. and extending to the center of the 
block on either side of such portion of said 
street so conveyed, be chargeable with any 
portion of the expenses of opening the residue 
or any portion of the residue of such street, 
except the , due and fair proportion of the 
awards , that may be made for buildings as 
aforesaid. 

Snlxlivisloii of plots. 

See. 993. If, at any time after the filing 
of the maps showing the. laying out of streets 
by proper municipal authority, the owner or 
owners of any plot of land bounded oi^ all 
sides by streets, and not laid out as and 
for a public square, place or park, shall de- 
sire to subdivide such plot and give public 
right of way into or through such plot, he, 
she or they may submit two sets of maps, 
plans or surveys of such plot and of such pro- 
posed right of way, showing the width, which 
shall not be less than thirty feet, and the lo- 
cation, extent and direction of the same, 
and the proposed grade therefor, to the 
[board of public improvements,] loc al boards 
of the borough where said l and is locate d for 
approval; and if the same shall be approved 
by sai d local boards at a joint session there- 
ofl and the owner or owners afore- 
said shall immediately thereafter con- 
vey in such form as shall be approved by 
the corporation counsel, the title to the land 
required tor such right of way, free and clear 
from all Incumbrances, to the city of New 
York in trust as and for a public street, the 
same shall from that time be and become an 
opened public street, the same as if it had 
been laid out and opened as other streets arc, 
or ought to be, and the maps, plans or sur- 
veys thereof, and of the grades therefor, 
aforesaid, shall Immediately thereafter be cer- 
tified by the city clerk, and cne set thereof 
shall be filed in and remain of record in the 
office in w’hicb conveyances of real estate 
are recorded in the county in which such land 
is located, and the other set thereof in the 
office of the corporation counsel of said city’. 

City may njfree with o«ucrn. 

Sec. 994. It shall be lawful for -the city at any 
time cr-rimes, either before or after the ap- 
pointment of commissioners in the premises, 
fcr any of the purposes aforesaid, to agree 
with the owners, lessees, pai'ties or persons 
entitled unto or interested in the lands, tene- 
ments, hereditaments and premises, that 
aitber will be benefl'ted by, or may be required 
for cbe purpose of, making the operation and 
improvement intended to be made, cr with any 
or with either of such owners cr other parties 
interested therein, for and about the cession 
cif the lands, tenements, bereditaments and 
premises required of him. ber or them, re- 
spectively, for the purpose of making such 
said intended operation and improvement, and 
for and about the compensation and recom- 
pense to be made to him, her or them, for tbe 
same, or for and about the allowance, or sum 
or sums to be allowed and paid by such owners 
and parties, respectively, cr by any, cr eitber, 
of them, for the benefit and advantage cf the 
.«»;reet or park or section thereof so to be 
opened, or laid cut and formed, cr the exten- 
«lon, enlargement or other improvement of 


the street c.r park so to be extended, enlarged 
or otherwise improved, to him, her cr them, 
over and above the value cf the lands, tene- 
ments, hereditaments, and premises, that may 
be required if any lands, tenements, heredita- 
ments or premises shall be required cf him, 
her or them, for the purpose cf opening, lay- 
ing out, aud forming or extending, enlarginij 
or ctherwise improving the same, and in case 
of any such agreement or agreements, with 
part only of the said owners and parties en- 
titled unto and interested in the said lauds, 
tenements, hereditaments and premises so re- 
quired for the purpose of making any such 
operation and improvement as aforesaid, or 
to be benefited thereby, the same shall be 
valid and binding upon the parties thereto, 
and the said ccenmissioners shall, neverthe- 
less, enter upon and make cr proceed with 
their said estimate and assessment, and make 
report to the said court, as to the residue o! 
the said lands, tenements, hereditaments and 
premises required for the said pur- 
pose of making such said operation and 
Improvement, cr to be benefited thereby, con- 
cerning which the owners thereof and parties 
interested therein shall not agree; and tho 
said report, when confirmed, shall be of like 
force and effect in regard to the matters com- 
prised therein, as if no such agreement as to 
the part of the premises had been made. 

City entitled to eoiiii>eiisutlon niid 
linble to nMseiotiiieiit. 

Sec. 995. If any lands, tenements, heredita- 
ments or premises belonging to the city of 
New York, or wherein it may be interested, 
shall be required for any of the purposes afore- 
said. or shall be benefited by any such opera- 
tion and improvement as hereinbefore men- 
tioned, the city shall be entitled to compen- 
sation and recompense for the loss and damage 
it may sustain, and shall be bound to allow 
and pay for the benefit and advantage it may 
be deemed to acquire thereby, in like manner 
as other owners and proprietors of lauds and 
premises required for the purpose of making 
the said operation and improvement, or 
deemed to be benefited thereby: and it shall 
be lawful for the said commissioners of esti- 
mate and assessment, and they are hereby di- 
rected In such, each and every case, to esti- 
mate and assess upon the principals and in the 
manner herein aforetaid; and to report the 
sum 01 sums which, In their opinion, ought 
to be allowed and paid to or by the city for tho j 
said loss and damage, or for the said benefit 
or advantage, as the case may be, to the city, 
by and in consequence of such said operation 
aud improvement of opening the said street or 
park, or section thereof so to be opened, or 
laying out, or forming, or extending, enlarg- 
ing, or otherwise improving the same, so to 
be laid out and formed, or extended, enlarged 
or otherwise improved as the case may be. It 
shall not, however, be lawful to lay or im- 
pose any assessment whatever on any public 
park, square or place, or street, road or avenue, 
but all such assessments which may be prop- 
erly payable by the city shall be assessed 
against it in a gross sum in each and every of 
such proceeding[s]. 

Contractu of laiullord and tenant: lion 
ntfectc«l. 

Sec. 996. In ail cases where the whole of 
.my lot or parcel of land or other premises, 
under lease or other contract, shail be taken 
for any of the purposes aforesaid, by virtue 
of this ti'tle, ail the covenants, contracts and ] 
engagements between landlord and tenant or : 
any other contracting parties touching the I 
same, or any part thereof, snail, upon the j 
vesting of the title in the ci-iy of New York. I 
cease and determine and be absolutely dis- | 
charged; and in all cases where part only of . 
any lot or parcel of laud, or other premises, 1 
>> 


so under lease or other contract, shall be ?o 
taken for any of the purposes aforesaid, all 
contracts and engagements respecting the 
same shall, upon such ves'ting of title, cease, 
determine and be absolutely discharged as to 
the part thereof so taken, but shall remain 
valid and ohligatory as to the residue thereof, 
and che rents, considerations and payments 
reserved or payable, and to be paid, for or 
in respect to the same, shall be so apportioned 
as that the pare thereof justly and equitably 
payable, or that ought to be paid, for such 
said residue thereof, and no more shall de- 
manded or paid, or recoverable, for or in re- 
spect of the same. 

Curpui-ntioii couiiHel to reprPKent iit- 

<cre«l» of elty before eoiniiiiMHiouerK, 

and provide elerksi and oldeei*; ex- 

peiiNes. 

Sec. 997. It shall be the duty of the corpora- 
tion counsel to furnish the commissioners of 
estimate and assessment who may be ap- 
pointed in any proceeding to open, widen, ex- 
tend, alter or close any street, park or park- 
way in said city, such necessary clerks and 
other employes, and to provide such suitable 
offices as they may require to enable them to 
fully and satisfactorily discharge the duties 
imposed upon them by this chapter; the cor- 
poration counsel shall, either in person or by 
such assistant or counsel as he shali desig- 
nate for the purpose, appear for and protect 
the interes*ts of the city in ail proceedings 
in court and- before the commissioners. .\11 
expenses for searcher’s or surveyor's fees, 
and such other necessary expenses and dis- 
bursements which the city of New York shall 
incur under the provisions of this section 
shall be paid by the controller out of the 
fund for street and park openings, provided 
for by existing laws, and shail be borne and 
reimbursed and paid 'to the city of New York 
by the parties and persons interested and en- 
titled, as owners or otherwise, unto and in 
the lands, tenements, hereditaments and 
premises deemed to be benefited thereby, 
and the same shall be included in and taxed 
by the court, upon due proof of the services 
rendered, and disbursements charged as part 
of the necessary costs and expenses of the 
said proceedings; but such expenses and dis- 
bursements shall not be included in theassess- 
raents for benefit until after they have been 
taxed before a justice of the supreme court, 
iu the appropriate department. 

Otlier conIn and eliai'jt'es. 

Sec. 998. Except as hereinbefore otherwise 
provided, no costs or charges of the said com- 
missioners or others shall be paid or allowed 
for any service performed under this title, 
unless the same shall be taxed by the said 
court after notice given as provided in the 
following section. Upon such taxation, due 
proof of the nature and extent of the services 
rendered and disbursements charged shall be 
furnished, and no unnecessary cost or charges 
shall be allowed. Each of the commissioners 
of estimate and assessment shall receive 
[six] ten dollars for each day upon which 
he attends a meeting of the said commis- 
sioners an d is [shall meet and be] actually 
necessarily employed in the performance of 
the duties imposed upon them by this act. 
as the offices provided for said commissioners 
bv the bureau of street openings in the law 
aepai'tment or at a meeting of the 
commissioners to view the premises. All 
such costs, tees and expenses or disburse- 
ments, whicli by law are required to be ta.'icd 
as in this chapter provided, shall be stated in 
detail in the bill of costs and charges and ex- 
penses, and shall be accompanied by such 
rroof of the reasonableness and necessity 
thereof, as is now required by law aud tht 


110 


THE CHARTER OF THE CITY OF NEW YORK 


practice of the said court upon taxation of 
costs and disbursements in other special pro- 
ceedings or actions in said court [ ; provided, 
however, that in any proceeding of an un- 
usually difficult or extraordinary character, 
the said court, may, upon taxing said costs 
or expenses, make such additional allowances 
to the said commissioners as may to it appear 
just and equitable, upon such proof as may 
be submitted of the nature and extent of the 
services rendered by said commissioners.] 

Taxation of cost8. 

Sec. 999. A bill of said costs, charges and 
expenses shall be filed in the office of the clerk 
of the. county in which the order appointing 
the said commissioners has been entered, at 
least ten days before the same shall be pre- 
sented for taxation. There shall be annexed 
a statement of the amounts, if any, previously 
taxed, to whom the same were payable, and 
the date of such taxation. A notice of at 
least ten days shall be published in the City 
Record, and the corporation newspapers, and 
served upon the corporation counsel, of the 
time and place of taxing said costs, charges 
and expenses, which shall be thereupon taxed 
by a justice of the supreme court, or a referee 
under his special order, and before the re- 
port of said commissioners shalj be presented 
for confirmation. On said final taxation 
there may be a retaxation of any bill pre- 
viously taxed in the same proceeding, if suf- 
ficient reason therefor be made to appear. 

JMseoiilinimtice of proeeecling^s. 

Sec. 1,000. The board of [public improve- 
ments] estimate and apportionment is 
authorized and empowered to discontinue 
any and all legal proceedings taken for 
opening, widening, straightening, extend- 
ing, altering, or closing streets or parks, or 
parts thereof, at any time before title to the 
lands and premises to be thereby acquired 
shall have vested in the city of New York, if, 
in its opinion, the public interest requires 
such discontinuance, and with power to cause 
new proceedings to be taken in such cases 
for the appointment of new commissioners. 

Dfliiin^'O.s for land, tnkeii; >Tben to be 

paid. 

Sec. 1.001. All damages awarded by the com- 
missioners of estimate and assesment[s] with 
interest thereon from the date of said report, 
and all costs or expenses which may be taxed, 
shall be paid by the city of New York to 
the respective persons and bodies politic or 
corporate mentioned or referred to in said re- 
port, or in whose favor such costs or ex- 
penses shall be taxed. Interest shall cease 
to run on sums awarded as damages six 
months after the date of the confirmation of 
said report unless within that time demand 
therefor be made upon the controller. Said 
damages, costs, and expenses shall be paid 
from the fund fcr street and park openings 
provided for in this act, and by existing laws. 
The person or persons to whom awards .'^hall 
be made in such proceedings, and the person or 
persons in whose favor costs and expenses may 
be taxed, shall not have been an action at law 
against the city of New York for such awards, 
costs; cr expenses, but the court in which said 
proceedings have been had, upon the appli- 
cation cf any such person or persons, in case 
of the failure of the controller of said city to 
pay the same within thirty days after de- 
mand therefor, shall require and direct the 
controller to pay said av-ards, costs, and ex- 
penses from the said fund, and enforce said 
order or mandate in the same manner as other 
orders and mandates of said court are en- 
forced. Provided, however, that whenever 
the amount of damages awarded in any re- 
port, together with the costs of the commis- 
sioners, shall exceed the balance remaining 


in said fund after deducting all outstanding 
claims against said balance, the controller 


shall and he is hereby authorized to raise, by 
the issue and sale of revenue bonds, such 
amounts as shall be necessary to pay Such 
damages, cc-sts, and expenses, and said court, 
upon the application of any person or persons 
in wheso favor, cr to whom awards shall be 
made in such proceeding, and the person or 
persons in whose favor costs and expenses 
may be taxed, may require or direct the con- 
troller to raise the money necessary to enable 
him to pay such awards, costs and expenses, 
and from such fund to pay the same, except 
that when any sum or sums shall in said 
report be made to unknown owners, the su- 
preme court shall, upon the application of 
said city of New York, or of any person en- 
titled to. or claiming to be interested in the 
lands, tenements, cr hereditaments f:r which 
said awards have been made, or any part there- 
of, either direct the same to be retained by 
the controller, or to be paid into the supreme 
court, until the title thereto, or of the re- 
spective estates and interests of all parties 
therein shall be determined by said court, 
and upon such application, the said court may 
take the proof and testimony of the claimant 
or claimants, or parties interested in the lands 
for which said awards have been made, or re- 
fer the matter to a referee fcr such purpose. 

Moneys of perHoiiM iinclei* di.sability : 

how (lispoKocl of; moneys paid to 

wronfiT Iverson. 

Sec. 1 002. Whenever the owners and pro- 
prietors of any such lands, tenements, heredi- 
taments and premises so to be taken for any 
of the purposes aforesaid, or the party or 
parties, person or persons interested therein, 
or any, or edther of them, the said owners, 
proprietors, parties or persons in whose favor 
any such sum or sums, or compensation shall 
be so reported, shall be under the age of 
twenty-one years, non compos mentis, femme 
covert, or absent from the city of New York, 
and also in all cases where the name or names 
of the owner or owners, parties or persons en- 
titled unto or interested in any lands, tene- 
ments, hereditaments or premises that may be 
so taken for any of the purposes aforesaid, 
shall not be set forth or mentioned in (he 
said report, or where the said owners, parties 
or persons, respectively, being named therein, 

I cannot upon diligent inquiry be found, it 
shall be lawful for the city to pay the sum 
or sums mentioned in the said report, payable, 
or that would be coming to such owners, pro- 
prietors, parties and persons, respectively, 
into the said supreme court, to be secured, 
disposed of and invested as the said court 
shall direct, and such payment shall be as 
valid and effectual, in all respects, as if made 
to the said owners, proprietars, parties and 
persons, respectively, themselves, according 
to their jusi rights, as if they had been known 
and had all been present, of full age, discov- 
ert and compos mentis; and, provided also, 
that in all and each and every case and 
cases where any such sum or sums, or com- 
pensations, so to be reported by the said com- 
missioners in favor of any person or persons, 
or party or parties whatsoever, whether named 
or not named m the said report, shall be paid 
to any person or persons, or party or parties j 
whomsoever, when the same shall of right i 
belong, and ought to have been paid, to j 
some other person or persons, cr party or i 
parties, it shall be lawful for the person cr ! 
persons, or party cr parties, to whom the j 
same ought to have been paid, to sue for and j 
recover the same, with lawful interest ond j 
costs of suit, as so much money had and re- ! 
celved to his. her or their use, by the person ■ 
or persons, party or parties, respectively, to ’ 
whom the shall have been so paid. i 


Sums to be equally and i»roi>ortiou- 
ately aswessed. 

Sec, 1,003. All moneys paid under the pro- 
visions cf this title by the city, except such 
part thereof as the beard of [public im- 
provements] estimate and apportionment 
shall direct to be borne and paid by The 
city cf New York, shall be assessed equally 
and proporticnateiy, as far as the same may 
be practicable, upon the lands and premises 
benefited by the improvement, and shall be 
a lien and charge thereon, and shall be ap- 
plied, levied and collected in the manner pro- 
vided by law for the assessment, levy and 
collection of similar expenses and di.s'ourse- 
ments for the reimbursement of the citj 
treasury. 

Sums assessed to be liens. 

Sec. 1,001. The respective sums dr assess- 
ments so to be assessed and reported by the 
said commissioners cf estimate and assess- 
ment, as and for the allowance to be made 
by the parties and persons, respectively, in 
the said report mentioned or referred to, and 
intended as owners and proprietors of, or 
parties interested in, lands and premises 
deemed to be benefited, for the benefit and 
advantage cf the street or park or section 
thereof, cr of the extension, enlargement, or 
ether improvement of the street or park 
mentioned in the said report, shall be a lien 
cr charge on the lands, tenements, heredita- 
ments, and premises, in the said report of the 
said commissioners mentioned, or upon the 
estate and interests of the respective owners, 
lessees, and parties interested in such said 
lands, tenements, hereditaments, and 
ises fcr or on account of which the said re- 
spective sums shall be so assessed by the said 
commissioners upen the said respective 
owners and proprietors thereof, or 
parties interested therein. The owners, pro- 
prietors and parties interested therein, and 
also the occupants, and each and every of 
them, shall, moreover, be respectively liable 
to pay on demand the respective sum or sums 
or assessments mentioned in the said report 
0 ‘f the commissioners, at which the respective 
lands, tenements, hereditaments and premises 
so owned or occupied by him, her, or them, 
or wherein he, she, or they are so in- 
terested, or at which the owners and 
proprietors thereof shall be so assessed, to 
such person or persons as the city shall ap- 
point to receive the same. The said respect- 
ive sums or assessments, with interest as in 
this act provided, may be recovered witi all 
costs and ch.-irges by the city from and against 
the parMes assessed, or the owner or owners 
of the respective lands, tenements, heredita- 
ments and ijr€mises whereon or in respect of 
which the ssiue may be assessed, or set forth 
in the said report of the commissioners, cr 
from cr against any or either of the said 
parties or owners, without joining any other 
or others of them, the said parties or owners 
therein, by action; provided, that nothing 
herein ccntalned shall affect any agreement 
between landlord and tenant, or any other 
contracting parties respecting the payment cf 
any suci. assessment or charges, but they 
shall be answerable to each other in the came 
manner as if the provisions in this title er n- 
tained concerning the same had never been 
made; and if any money so to be assessed 
be paid by or collected or recovered from any 
person or persons when by agreement or by 
law’ the same ought to have been borne and 
paid by some other person or persons, it 
shall be lawTul for the person or persons paj*- 
ing the same, or from whom the same shall 
be recovered, by suit or otherwise, to sue 
for and recover the money so paid by or 
recovered from him or them, with interest 
and costs, as so much money paid for the 
use of the person or persons who ought to 


THE CHARTER OF THE CITY OF NEW YORK. 


Ill 


have paid the same, aud the said report of 
the commissioners, with proof of payment, 
shall be conclusive evidence in such suit. 

Controller to publiftli notice of eon- 

iirnintion of iiN.sessment, ete. 

Sec. 1,005. It shall be the duty of the cor- 
p^ation counsel to transmit to the control- 
l er, immediate ly after the c onfirmation of 
any assessment for a street or park opening. 
a dup licate copy of the report of the com- 
missioners of e stimate and assessment re- 
la tingthereto^a^cMf such assessment affects 

prop e rty in boroug hs other tha n the Borough 
of Manhattan, a copy o f the assessment list, 
and a certified copy of the order of the 
sunrenie court confirming the same, and it 
shall th ereupon be the duty of the con- 
troller to give public notice by advertise- 
ment for at least ten days in the “City 
Record,” and the corporation newspapers, 
[immediately after the conflrmatlon of any 
assessment for a street or park opening.] 
as soon as practicable and within ten days 
after receipt thereof, that the same has 
been confirmed, specifying the title of 
such .assessment, the date of its con- 
firmation by the supreme court, and 
also the date of entry in the record of 
titles of assessment kept in the bureau for 
the coliectiop of assessments and of arrears 
of taxes and assessments, and of water rents, 
notifying ali persons, owners of property 
affected by any such assessment, that, un- 
less the amount assessed for benefit on any 
person or property sball be paid within sixty 
days after the date of said entry of any such 
assessment, interest shall thereafter be col- 
lected thereon as provided in the folloddng 
section; end all provisions of law or ordi- 
nance requiring any other or different notice 
of assessments and interest thereon are re- 
pealed. 

Interest to l>e eliarR-ed If not In 

sixty rtays. 

Sec. 1,006. If any such assessment shall re- 
main unpaid for the period of sixty days after 
the date of entry thereof in the said record of 
titles and assessments, it shall be the duty of 
the officer authorized to collect and receive the 
amount of such assessment, to charge, col- 
lect and receive interest thereon, at the rate 
of 7 per centum per annum; to be calculated 
[from the date of such entry] to the dale 
of payment fro m the date when such asses.s- 
ment beca me^" a lien as prov ide d by section 
one hundred and fi fty-nine of th is act . 

IiifereHt lliiiiteil to excess in eertniii 

eases. 

Sec. 1,007. Whenever an estimate and .as- 
sessment for loss and damage, and for benefit 
and advantage shall be made by the commis- 
sioners of estimate and assessment relative to 
the same person or persons, no interest shall 
be demanded from such person or persons up- 
on the amount assessed for benefit and advan- 
tage, except on the excess of the amount he is 
to pay over and above the amount he is to re- 
ceive for or in consequence of any Intervening 
time between the period fixed for the receipt 
of the amount of benefit and advantage and 
the payments of the amount of loss and dam- 
age. 

Notleen In proeeeillnKS to open streets! 

Iio«‘ pul»llsl»e«l. 

Sec. 1,008. Any notice now required, or here 
after to be required, by law to be published 
In any proceeding for the opening, extending, 
widening or altering any street or park in said 
city, shall hereafter be published in the City 
Record and the corporation newspapei-s. When- 
ever handbills now or hereafter may be re- 
quired by law to be posted in any such pro- 
ceeding, they shall be posted or alBxed with 


paste or other adhesive substance in three 
conspicuous places upon or near the lands to 
be taken in such proceeding, and proof of 
such posting shall be sufficient evidence with- 
out further proof of said notice having re- 
mained posted during the whole of the period 
required by law. 

Application of previous scrtloiis. 

See. 1,009. Nothing contained In title 3 of 
this chapterrelatlngtothe vacating and reduc- 
tion of assessments shall apply to assessments 
made pursuant to this title. 

AVimf ln<*lu«l«*<l in vvoi-«l iiM iiHcd 

in clmpter. 

Sec. 1,010. Whenever the word "street,” 
or the plural thereof, occurs in this chapter, 
it shall be deemed to include all that is in- 
cluded by the term "street, avenue, road, 
alley. lane, highway, boulevard, concourse, 
public square and public place,” or the plu- 
rals thereof, respectively. 

Oriloi* nppoiniiiiK' coinnii.HMionoi-N <o lie 
fileil in realuter'H or comity clerk's 
ofilce. 

Sec. 1,011. It shall be the duly of the cor- 
poration counsel, within ten days after the 
entry O'f an order appointing commissioners 
in a proceeding authorized by this title, to 
file a copy of such order in the office of the 
register or county clerk of the county in 
which the land to be acquired is located. 
There shall be indorsed upon such copy or- 
der a reference to the section and block 
or the sections and blocks on the land map 
of such county which include the land to 
be taken by such proceeding or abut there- 
on. The re nster or county clerk with 
whom such copy order shall he filed shall in- 
dex in the index of conveyances on each 
block so Indorsed on said copy order a state- 
ment giving the title of said proceeding and 
the date of the entry of said order. 

TITLE 5. 

•S ALES OF LAXnS FOR TAXES. ASSESS- 
.AIENTS AXD AA .ATER RATES. 

AVIien liixcH ami water rents t«i lie liens 
nil Innils nssesseil. 

Sec. 1,017. All taxes and all assessments for 
local improvements and all water rents, and 
the interest and charges thereon, which may, 
in the city of New York, as by this act con- 
stituted, hereafter he laid or may have here- 
tofore been laid, upon any real estate now 
in said city, shall continue f-J he. until paid, 
a lien thereon, and shall be preferred in pay- 
ment to all other charges. No assessments 
for any local improvement shall be deemed 
to be fully confirmed, so as to he due and be 
a lien upon the property included in the as- 
sessment, untn_^en days after the title there- 
of, with the date of confirmation shall be en- 
tered with the date of such entry, in a record 
of the titles of assessments confirmed, to be 
kept in the office of the collector of assess- 
ments and arrears. 

Controller to luililliili notice of eon- 
tlrination of nHsensinentN. 

Sec. 1,018. It shall be the duty of the con- 
troller to give public notice, by advertise- 
ment, for at least ten days, in the City Rec- 
ord and the corporation newspapers, [duly 
designated for any borough, in which the 
property is situated, immediately] as s oon as 
practicable and within ten days after the 
confirmation of any assessment, tor a local 
improvement, that the same has been con- 
firmed, specifying the title of such assess- 
ment, and the date of its confirmation, and 
also the date of entry In the record of titles 
of assessments kept in the cfflce for the col- 
lecUoii of assessments and of arrears of 


taxes and assessments, and of water rents, 
[notifying] ad dressed as a class _to 
all persons, owners of property affected 
by any such assessment, that unless 
the amount assessed for benefit on any per- 
son or property shall be paid within sixty 
days after the date of said entry of any such 
assessment, interest shall be thereafter col- 
lected therocn as provided in the following 
section, and all provisions of law or c :i- 
nance requiring any different or other notice 
of assessments and interest ihereon are here- 
by repealed. 

Iiiierent to lie elinrurei! If as.seKsmcut 

nniinlil for sixty tlays. 

Sec. 1,019. If any such assessment shall re- 
main unpaid for the period of sixty days 
after the date of entry thereof on the said 
record of titles of assess.ments, it shall be the 
duty of the officer authorized to collect and 
receive the amount of such assessment to 
charge, collect and receive interest thercen, 
at the rate of 7 per centum per annum^ to 
be calculated [from the date of such entry] 
to the date of payment from the date when 
such assessment became a lien as provided 
by section one hundred and fifty-nine of this 
act. 

Rate. ■ T-;-*' 

Sec. 1,020. Interest shall hereafter bo 
charged aud collected at the rate cf 7 per 
centum per annum ou all arrears of taxes 
and assessments returned to the collector of 
assessments and arrears from the time they 
become due until the date of payment, or in 
case a sale has taken place, as provided in 
section 1,027, until the date of the certificate 
mentioned in said section, aud on the rents 
and charges for water from the time the taxes 
become due, to which they may be added as 
required by section 1,025, until the same date 
respectively. 

.Aiiiiortioniiiriit of nnsesMineuf. 

Sec. 1,021. If a sum of money in gross has 
been or shall be assessed for local improve- 
ments upon any lands or premises in the city 
of New York, any person or persons claiming 
any divided or undivided part thereof may 
pay such part of the sums of money so assess- 
ed, also of the interest and charges due or 
charged thereon, as the controller may deem 
to be just and equitable; and the remainder 
of the sum of money so assessed, together 
with the interest and charges, shall be a lien 
upon the residue of the land and premises 
only, which residue may be sold in pursuance 
of the provisions of this act, to satisfy the 
residue of such assessment. Interest, or 
charges, in the same manner as though the 
residue of said assessment had been imposed 
upon the residue of said land or premises. 

CuniiiiiM.sioiier iif water Mupiily, hsih anti 

eleefrielty to tranniiiit separate ae- 

eoiiiit for eaeli waril; penalty for 

wasting' water. 

Sec. 1,022. The commissioner of water sup- 
ply, gas and electricity s hall, annually [at the 
time the tax levy in each year is confirmed by 
the municipal assembly,] on the first day of 
August In each year , cause to be prepared 
and transmitted to the [collector of assess- 
ments and arrears] con troller a seperate ac- 
count for each section or ward of all lots on 
which the water rents for [that] the pre- 
ceding water year, including the extra 
charges to be included in said rents, as pro- 
vided by this act, may remain unpaid, with 
the amount due on each lot, and shall, at 
the same time, notify the controller of the 
aggregate amount of such water rents so re- 
turned, and shall (hereafter receive no pay- 
ment on account cf the same, but may, nev- 
ertheless, certify to the [collector of aa- 


112 


THE CHARTER OF THE CITY OF NEW YORK, 


sessments and arrears] controller any over- 


charges, which shall, upon said certificate, 
be remitted by the [collector of assess- 
ments and arrears] controller at any lime 
before settlement. The said commissioner of 
water supply, gas and electricit y is hereby 
authorized to prescribe a penalty, not exceed- 
ing the sum of five dollars for each offense, 
for permitting water to be wasted, and for 
any violation of such reasonable rules as he 
may from time to time prescribe for the pre- 
vention of waste of water; such fines shall 
be added to the water rents. 

Receiver of taxes to return arrears to 

the collector. ^ 

Sec. 1,023. The receiver of taxes Shall, on 
the first day of June, in each year, make a 
return to the collector of assessments and 
arrears, of all taxes on real estate and of 
water rates and rents, which have been added 
thereto, remaining unpaid, and shall notify 
the controller of the aggregate amount of 
arrears so returned, and balance on his books 
the accounts of. the arrears so returned, by 
charging the amount thereof to the said 
collector, and shall thereafter receive no pay- 
ments on accounts of arrears so returned, but 
may nevertheless certify to the collector of 
assessments and arrears any errors which 
shall, upon such certificate, be corrected by 
the said collector any time before settlement. 

Division of nptifloatlon of asse.ssnieiits ; 

notifying: taxpayer. 

Sec. 1023a. 1. There shall be a division of 
notification in the bureau for the collectiou of 
assessments and arrears of taxes and assess- 
ments and of water rents in the department 
of finance in the city of New York, the chief 
ofllcer of which shall be a notification 
clerk, who shall have two assistants. Said noti- 
fication clerk and said assistants shall be ap- 
pointed by the controller of the city of New 
York, and shall hold office during his pleasure, 
and discharge their duties under the super- 
vision and direction of the collector of as- 
sessments and arrears. The salaries of the 
said notification clerk and of said assistant 
clerks [shall be fixed by the controller, but] I 
shall not exceed fifty-five hundred dollars, i 
[The board of estimate and apportionment of 
the said city, is hereby required to appro- 
priate annually in the budget such sum as 
may be necessary for the support and expenses 
of the said division, and the salaries of the 
said notification clerk and assistants, which 
sum shall annually be included in the tax 
levy by the municipal assembly. For the 
purpose of providing the moneys necessary for 
the payment of said salaries, and expenses, 
for the year eighteen hundred and ninety-nine, 
the controller is hereby authorized, when 
thereunto directed by the board of estimate 
and apportionment, to issue revenue bonds of 
said city, the redemption whereof shall be 
provided for in the budget, for the year nine- 
teen hundred.] 

2. The owner of any lot. piece, or parcel of 
land in the borough of Manhattan in the 
city of New York, or any person interested in 


description thereof in the statement so filed, 
together with the name of the applicant and 
his post office address and the date of such ap- 
plication. 

3. As soon as any assessment for a local Im- 

provement shall have been confirmed, includ- 
ing assessments confirmed by a court of rec- 
ord, and the list thereof shall have been en- 
tered and filed in the bureau for the collec- 
tion of assessments and arrears of taxes and 
assessments, and of water rents, the said noti- 
fication clerk and his assistants shall ex- 
amine said assessment list and shall 
thereupon within twenty days after such con- 
firmation mail a notice addressed to each per- 
son in whose name any lot, piece or parcel of 
land, affected by such assessment, is register- 
ed at the post office address registered in 
the records of said division, enclosed in 
a post paid wrapper, which notice shall 
contain the brief deccription of the lot 
piece or parcel of land registered in 
the name of the person to whom said 
notice is addressed, together with the amount 
assessed thereon, date of confirmation, and 
title of the Improvemnt for which said as- 
sessment is made, and a statement of the in- 
terest or penalty imposed for the nonpay- 
ment of the said assessment, and the date 
from which the interest or penalty will 
be computed. Failure to comply with the 
provisions of this act, however, shall in no 
manner affect the validity or collectibility of 
any assessment for legal improvement hereto- 
fore or hereafter confirmed, nor shall any 
claim arise or exist against the city of New 
York, the controller, the collector ef assess- 
ments and arrears or any officer of said city 
by reason of such failure. • 

4. The collector of assessments and arrears 
shall for the purpose of this act provide one 
or more volumes for each section of the city, 
included within the borough of Manhattan, as 
the same shall appear upon the tax maps of 
the city of New York, each of w'hich volumes 
shall be ruled and printed in a proper and 
convenient manner. 

Wafer rents to l»e proviiletl for In as- 
sessment rolls. 

Sec. 1,024. There shall be ruled in the yearly- 
assessment rolls -if each ward a column head- 
ed “water rents,” in which immediately after 
the confirmation of such assessment rolls, the 
collector of assessments rnd arreaia shall cauia 
to be entered opposite the ward, lot, town, 
block and map numbers of the property on 
which the said arrears may be due, the amounts 
due for “water rents” as transmitted to him 
by the commissioner of water supply, gas 
accordance with the law, 
and the same shall be collected at the same 
time and in the same manner with the taxes 
to which they shall be added, 
i 

I -VrrcnrM likevrise to be provided for. 

{ Sec. 1,025. There shall be ruled in the 
i yearly assessment rolls of the taxes in each 
I section or ward, a column headed “arrears,” 


in which the collector of assessments and 

such''iot."plecror parcel, ma”y"flle“ wVth^Tuch | annually, before any taxes for 

the year are collected, cause to be entered | 
the w'ord “arrears” or “sold,” according as i 


notification clerk a statement containing 
brief description of such land, together with ! 


town block and map numbers on which any j 
arrears of taxes, or of taxes with water rent ! 
added, shall be due, or on which any assess- I 
ment shall remain unpaid which was due or 


the section, block and lot number thereof and ! 
a statement of the applicant’s interest therein, | 
together with a written request that such lot, | 
piece or parcel of land be registered in the di- i 
vision of notification, in the name of the appli- t 
cant, in the said statement the applicant shall i [thirteen months] oj^m^h prior 

designate a post office address to which noti- ' June, then last past, or which 

fications addressed to him shall be sent. The ' assessments, taxes 

notification clerk shall thereupon register in a ! °'’ redeemable, 

volume to bo kept in said division as herein- 
after provided, a brief description of such lot. 


IIIIIn for taxof* to tilioiv arrears. 

Sec. 1,026. There shall be ruled a column 


flece or parcel of land corresponding to the “arrears” In every bill rendered for taxes 


for lots on which said arrears or assessments, 
or taxes with water rents added, may be due, 
as aforesaid, or may have been sold and yet be 
redeemable, in which shall be written opposite 
the entry of the ward, lot, town block and map 
number of said lot, “arrears” or “sold,” ac- 
cording as the fact may be; [and it is hereby 
declared to be the duty of the receiver of taxes 
to cause a record to be kept of the ward and 
block numbers of all lots so noted in said bill 
as in arrears or sold, when said bills are pre- 
sented for settlement,] and at the bottom of 
said bill shall be printed: “The columns for 
arrears indicat 3 iots sold for arrears, or to 
be sold therefor; arrears to be paid and lots 
redeemed at the office of the collector of 
assessments and arrears.” 

Sales of lands for taxes and assess- 
ments: proreedliigrs. 

Sec. 1,027. Whenever any tax on lands or 
tenements, or any assessments on lands or 
tenements foi loca' improvements, shall re- 
main unpaid for the term of three years from 
the time the same shall have been confirmed, 
and also whenever any rents for water in 
said city shall have been due and unpaid for 
the term of four years from the time the 
same shall have been due, it shall and may 
be lawful' for the collector of assessment 
and arrears, under the direction of the con- 
troller, to advertise the said lands and tene- 
ments or any of them for sale, and by such 
advertisement the owner or owners of such 
lands and tenements respectively shall be re- 
quired to pay the amount of such tax, assess- 
ment or water rents so remaining unpaid, to- 
gether with the interest thereon at the rate 
of seven per centum per annum to the time of 
payment, with the charges of such notice and 
advertisement, to the said collector, and 
notice shall be given by such adver- 
tisement that if default shall be made 
in such payment such lands and tene- 
ments will be sold at public auction 
at a day and place therein to be specified, 
for the lowest term of years at which any per- 
son or persons shall offer to take the same 
in consideration of advancing the said tax, 
assessment or water rents, as the case may be, 
and tbe interest thereon, as aforesaid, to the 
time of sale, and the charges of the above 
mentioned notices and advertisement and all 
other costs and chirges accrued thereon; and 
if. notwithstanding such notice, the owner or 
owners shall refuse or neglect to pay such 
tax, assessment or water rents, with the 
interest as aforesaid, and the charges attend- 
ing such notice and advertisement, then it shall 
and may be lawful for the said eollector under 
the direction of the said controller, to cause 
such lands and tenements to be sold at public 
auctioq for a term of years, for the purpose 
and in the manner expressed in the said ad- 
vertisement, and such sale shall be made on 
the day and at the place tor that purpose men- 
tioned in the said advertisement, and shall be 
continued from time to time, if necessary, 
until all the lands and tenements so advertised 
shall be sold; and the said collector shall give 
to the purchaser or purchasers of any such 
lands and tenements a certificate of sale, in 
writing, describing the lands and tenements 
so purchased, the term of years for which the 
same shall have been sold, the sum paid there- 
for, and the time when the purchaser will be 
entitled to a lease of the said lands and tene- 
ments. But no houses cr lots, or improved 
or unimproved lands, in the city of New York, 
shall be hereafter sold or leased at public 
auction for the non-payment of any tax. as- 
sessment or water rents which may be due 
thereon unless notice of such sale 
shall have been published once in each 
week successively for three months in 
the City Record and the corporatloa 


113 


THE CHARTER OF THE CITY OF NEW YORK. 


ne-.vspapers, which advertisement shall con- 
tain, appended to said notice, a particular and 
detailed statement ot the property to be sold 
for taxes, assessments or water rents; or the 
said detailed statement and description, in- 
stead of being published in the City Record 
and the corporation newspapers, shall, at the 
option of the said 'controller, be printed in a 
pamphlet, in which case- copies of the pam- 
phlet shall be deposited in the office of the said 
collector, and shall be delivered to any person 
a'pplying therefor. And the notice provided 
for in this section to be given of the sale of 
houses and lots and improved and unimproved 
lands shall' also state that the detailed state- 
ment of the taxes, assessments, or water rents, 
and the ownership of the property taxes as- 
sessed, and on which the water rents are un- 
paid, is published in the City Record and the 
corporation newspapers, or in a pamphlet, as 
the case may be, and that copies ot the pam- 
phlet are deposited in the office of the said col- 
lector, and will be delivered to any person ap- 
plying-for- the same. No other notice or de- 
mand ot the tax, assessment, or water rent 
shall be required to authorize the sale of any 
lands, and tenements as ' hereinbefore pro- 
vided. 

C'ontiKoouH lots to be advertised ns one 

linreel. 

Sec. 1,028. In advertising houses and lots 
and improved or unimproved lands to be sold 
for the non-payment of taxes and assessments, 
or water rents, it shall be the duty ot the col- 
lector of assessments and arrears to advertise 
all the houses and lots or other lands lying 
contiguous to each other and belonging to the 
same owner in one parcel, unless otherwise 
requested by such owner, but he may sell 
sepax-ately the said houses and lots as the 
same may have been assessed. 

Postponement of sales. 

Sec. . 1,029. It shall be lawful for the con- 
troller to suspend or postpone any sale or 
sales of lands and tenements or any portion 
ttereof which shall have been advertised for 
sale, to any time not exceeding fifteen months 
from the day specified in any such advertise- 
ment. All sales which shall be so postponed 
or suspended shall be made without further 
advertisement, other than a general notice of 
such postponement to be published in the City 
Record and the corporation newspapers. 

Snlrs for taxen and anseMsmciits to be 

<*f>iiducted by tlie eolleelor of nsacss- 

mcnta and arrears; provision for rc- 

liayinent of poreliasc money Tvben fbe 

sale i.s varated. 

f?ec. 1,030. The collector of assessments and 
.arrears or his assistant shall conduct the 
sales hereinbefore provided to be made, and 
no auctioneer other than said collector or his 
assistant shall be employed to make such sale, 
and no auctioneer’s fees shall be charged there- 
on. Certificates of sale shall be made and de- 
livered to the purchaser without charge upon 
payment of the amounts therein shown to 
be d ue. And all certificates of sale, not paid 
for within thirty days following the date 
of sale, may be cancelled by the c ollector 
of assessments and arrears and the sal es re- 
lating thereto declared voW. In case any 
sale s'aall be vacated or cancelled, the pur- 
chaser. his legal representative or assign, 
shall be repaid the amount paid by him at 
such sale, with interest thereon from the 
time of such payment. 

CorporMtloii may bid in properly. 

Sec. l,03t. It shall be lawful for the collec- 
tor of assessments and arrears, at any sale 
<jf lands and tenements in the city of New 


York, for taxes, assessments, or water r?nts, 
to bid in, for the city ot New York, every lot 
and premises so put up for sale for which no 
person shall offer to bid, and certificates of 
such sales shall be made by the said collec- 
tor to the city ot New York, in the form and 
manner prescribed for Individuals. All such 
purchases shall be subject to the same rights 
of redemption as purchases by individuals; 
and if the lands and tenements' sold shall not 
be redeemed, or shall not have been assigned, 
the controller of the city shall execute a lease 
therefor to the city of New York, with the 
same effect as in cases of leases to individuals 
in this title provided. 

I«l.; how iiMNlgx'iietl. 

Sec. 1,032. It shall be the duty of said col- 
lector, in all cases ot purchases of lands and 
tenements by the city of New York for taxes, 
assessments, or water rents, to assign any 
and ail such purchases to any person who 
shall at any time within one year from- the 
time , when such purchases were made, offer 
to take the same, upon his or her paying to 
the said collector of assessments and ar- 
rears, for 1 . the use of the city, _ the 
purchase money, with 7 per centum . in- 
terest thereon. The person so receiving the 
assignment shali be entitled, upon the re- 
demption of the property, to receive the 
amount sq paid by him or her to the city with 
interest from the time of such payment at 
the rate and in the same manner as if he or 
she had purchased the property at a sale for 
taxes, assessments or water rents. 

Cerl lllfales where eoiisolidated iiiiini- 
cipality ba« bi<l in properly. 

Sec. 1,033. In cases where lands within the 
boundaries of any of the municipal corpora- 
tions or parts of municipal corporations by 
this act consolidated with the corporation 
known as the mayor, aldermen and common- 
alty of the city of New York, have been sold 
for taxes and assessments and the title up- 
on such sales has passed to either of said 
municipal corporations or parts of municipal 
corporations, such title is hereby transferred 
to and vested in the corporation of the city 
of New York as constituted by this act; and 
said corporation shall have all the rights, 
privileges and property of its predecessor in 
said title and the same powers and privileges 
in respect to the enforcement of the same 
or the sale or lease thereof, and the coutroller 
of the city shall control the same in all re- 
spects, as by statute in such cases already 
made and provided. 

Redemption of Inmls purclinsed by 
copporntlon. 

See. 1,034. In all cases of lands and tene- 
ments purchased by the city of New York tor 
taxes, assessments or water rents, in which 
the same shall not have been assigned, any 
person claiming title to such lands and ten- 
ements, or any other pereon, may redeem the 
same in like manner and to the same effect 
as in cases of individual purchases, by paying 
in the manne.'’ provided by law, for the use 
ot the said city, the purchase money with 
seven per centum interest thereon, together 
with any and all expenses which shall have 
accrued since the sale; and in ail cases where 
lands and tenements shall he conveyed to the 
said city pursuant to the provisions ot this ti- 
tle, it shall be the duty of said collector 
in the name ot the said city, to cause notices 
to be served in !he manner in this title pro- 
vided. 

Corporation to take poMKrsslou of iin- 
olaiined laiidM. 

Sec. 1,035. It shall be lawful for the city of 
New York, and it is hereby authorized and 
empowered, to take peaceable possession 


or sue for and recover, and to hold, occupy, 
and enjoy all lots or pieces or parcels ot land 
situate, lying and being in the city which have 
or which may be sold for a term of time for 
the payment of any taxes or assessments in 
the said city, after the expiration of the term 
from which the same may have been or shall 
be so sold, provided the rightful owner of the 
same shall not then claim possession of the 
same, and to' have, hold, and occupy the same 
until the rightful owner shall claim posses- 
sion of the same, and shall pay all sums which 
may be due thereon for taxes, assessments hnd 
also the value of the improvements which may 
be made, or erected upon the same by the city 
of New York, over and above all the rents, is- 
sues and profits which may be received by the 
city of New York for or on account ot the 
rents, issues and profits ot any such premises; 
provided always that the city of New York 
shall not be entitled to demand any sum of 
money for any suefi improvements, unless it 
shall have caused to be'published in the City 
Record and the corporation newspapers 
tor at ■ least three months • previous to 
the making of such improvements, a notifica- 
tion to the owners of- the said lots, to appear 
and take possession ot their said premises; 
and. further, that in no case shall the owners 
of the said premises be compelled to pay for 
any such improvements a sum exceeding two- 
thirds of the value of their said lots of land. 
The city shall account for and pay over to the 
rightful owner of any such lots ot land all the 
rents, issues and profits which the city of New 
York may receive on account of such premises 
over and above the amount of all taxes and 
assessments due for or on account of the said 
premises, and over and above the value, of all 
such improvements thereon as shall be made 
after the notification mentioned in this sec- 
tion, and as shall not exceed two-thirds of 
the value of said lots of land. 

Mor<>4aK-«»eR to bf iiotifieil of sale be- 
fore fbe time t«» reileciii expires. 

Sec. 1,036. In cases of sales of real estate 
for the non-payment ot taxes or assessments, 
it shall be the duty of the collector of assess- 
ments and arrears, sixty days before the time 
limited by law for the redemption of any 
real estate from the effects of such sales, to 
cause notice to be given to all mortgagees of 
the real estate so sold, their assignees or per- 
sonal representatives, and to all owners, les- 
sees, or persons otherwise interested, or their 
legal representatives, who shall at any time, 
at least one month before the time for the giv- 
ing of such notice, have tiled in the office of 
the [register or county clerk of the county 
in which said real estate is situated] £on- 
t roller a memorandum of such mortgage and 
of such real estate, containing a brief ab- 
stract, designating the property, with the 
street number, if there be any, or such 
definite description or diagram as will enable 
the said collector of assesments and arrear* 
to designate the said premises upon the city 
maps, and the name and residence of such 
mortgagee, assignee, or personal represen- 
tative, and such owner, lessee, or person 
represented. 

How Hueli iiotioi; sliull be s'lveii. 

Sec. 1,037. Such notice shall be given by 
putting into the post office in the city of New 
York, directed to such mortgagees, assignees, 
or personal representatives, at their places 
of residence, it known to the collector ot as- 
sessments and arrears, and such owners, 
lessees, or persons otherwise interested, a 
printed list describing all the property sold 
for taxes and remaining unredeemed. Such 
description shall name the street or avenue on 
which the property may be situate, the sid“ 
eS Um Btreat er an-i between 


114 


THE CHARTER OF THE CITY OF NEW YORK. 


■treets or avenues, with the map or street 
numbers of the property, and in whose name 
assessed, together with the term of years and 
amount for which the same shall have been 
Bold, and the day or days on which the time 
limited for the redemption of the property will 
expire, with a notice that unless the property 
shall be redeemed on or by such days, by the 
payment of the sums for which the same were 
sold, with all interest and expenses allowed 
by law, that leases will be given to the pur- 
chasers, in accordance with the statute in such 
case made and provided. 

Aill<lnvit of Mcrvioe. 

Sec. 1,038. An affidavit of the service of such 
notice as is required in the two preceding 
sections, before any officer authorized to take 
affidavits to be read in a court of record, and 
filed in the office of the said register or 
county clerk, or a certified copy thereof 
under the signature of such register or coun- 
ty clerk, shall be evidence of the fact of such 
notice. 

[ReKister or county clerk] rpiitrollcr 

to record uiemorantlu. 

Sec. 1,039. It shall be the duty of the [said 
register or county clerk] controller to keep 
In his office a book, alphabetically arranged, 
for the registering of all such memoranda 
as aforesaid, which book shall be open to the 
inspection of any person desiring to examine 
the same, without charge. The [said regis- 
ter or county clerk controller shall be en- 
titled to receive twenty-five cents for regis- 
tering the memorandum of each mortgage, 
as above provided. 

MortgraBce’s rlBkt to redeem. 

Sec. 1,040. Such mortgagees or their as- 
ilgnees or personal representatives, and such 
owners, lessees, or persons otherv/iso inter- 
ested, or their legal representatives, shall be 
entitled to redeem the property sold from the 
effect of such ' sale, at any time within two 
years from the date of such sale, and such 
mortgageies, assignees -or personal repre- 
sentatives shall have a lien on the property 
for the amount paid, with the interest which 
may thereafter, accrue thereon, at the rate of 
seven per centum per annum, in like man- 
ner as if the same had been included in such 
mortgage. 

Notice of expirntlon of time to redeem 

to be iiubllsUed; lease to be executed 

to puroUawer on default to redeem. 

Sec. 1,041. The collector of assessments and 
arrears under direction of the controller of 
the city shall cause an advertisement to be 
published at least twice in each week, for 
six weeks successively, in the Cii Record 
and the corporation newspapers .u such 
form as he shall deem best calculated 
to give notice cf such sale, that unless the 
lands and tenements sold be redeemed by a 
certain day, they will be conveyed to the 
purchaser. If the person or persons claiming 
title to the said lands and tenements, or 
some other persons, shall not. within two 
years from the date of the before mentioned 
certificate, pay to the said collector, for the 
use o-f the purchaser or purchasers, his, her | 
or their heirs, executors, administrators or 
assigns, the sum mentioned in such certifi- 
cate, together with the interest thereon, at 
the rate of fourteen per centum per annum; 
from the date of such certificate, the said 
controller, in the name of the city of New 
York, at the expiration of the said two years, 
shall exwute to the purchaser or purchasei'S, 
his, her or their heirs, executors, administra- 
tors or assigns, a lease, under the common 
seal of the city, of the lands and tenements 
BO sold for such term of years as the same 
Aail have been sold and the execution thereof 


shall be witnessed by the said collector. At 
the time of receiving the lease the purchaser 
shall pay the sum of two dollars and fifty 
cents to the said collector for the expense 
of drawing said lease, and also the expense 
of advertising the notice to redeem; and all 
such leases executed by the said controller 
and witnessed by the said collector shall be 
presumptive evidence that the sale and all 
proceedings prior thereto, from and includ- 
ing the assessments on said lands and tene- 
ments, for taxes or assessments or water 
rents, and all notices required by law to be 
given previous to the expiration of the two 
years allowed to redeem, were regular and ac- 
cording to the provisions of the statute in 
such cases made and provided; and such pur- 
chaser or purchasers, his, her or their heirs, 
executors, administrators or assigns, shall in 
virtue thereof and of this title, lawfully 
hold and enjoy the said lands and tenements 
in said lease mentioned for his, her or their 
own proper use against the owner or owners 
thereof, and all claiming under him, her or 
them, until such purchaser’s term therein 
shall be fully complete and ended; and the 
said purchaser or purchasers, his, her or their 
heirs, executors, adminis'trators or assigrns, 
shall be at liberty to remove all the build- 
ings or materials which he, she or they shall 
erect or place thereon during the said term, 
within one month after the expiration of 
the said term, but leaving the lands and tene- 
ments, with the streets fronting the same, 
in the order required by the [regulations] 
o rdin ances of the [municipal assembly] 
board of aldermen; provided that such lease 
shall not be executed and delivered until 
the expiration of six months after the pub- 
lication of the notice last herein above men- 
tioned. 

RedeeniiiiB n portion of Innds sold. 

Sec. 1,042. In all cases where pieces or par- 
cels of land shall have been sold for taxes, 
assessments or watei‘ rents, and any person 
shall claim to redeem any portion of the same 
within the time limited for redemption, he 
shall be permitted to do so on paying the ap- 
portionment of the tax, assessment or water 
rents for which the property was sold, to- 
gether with the Interest o-n the same, and an 
equitable proportion of the expense, the ap- 
portionment to be made by the controller. 

Sale of lands netiinlly ocenpird; notice 

to l>c served. 

Sec. 1,043. Whenever any lands or tene- 
ments sold for taxes, assessments, or water 
rents, and conveyed, as in this title provided, 
shall, at the time of conveyance, be in the 
actual occupancy of any person, the grantee 
to whom the same shall have been conveyed, 
or the person claiming under him, shall serve 
a written notice on the persen occupying 
such lands, or tenements, and in all cases on 
the person owning the property so conveyed, 
whether the property be in occupancy or not, 
provided such owner resides in the city of 
New York, or in any adjoining county; in case 
tho owner does not reside in the city of Now 
York, cr in an adjoining county, said notice 
I shall be sent to his cr her pest office address 
by mail. All such notices shall state in sub- 
stance the sale and conveyance, tho person to 
whom made and the amount of consideration 
money • mentioned in the conveyance, with 
the addition of forty-two per centum on such 
amount as the said lands or tenements were 
struck off for at the time of the sale, and the 
further addition of the sum paid for the lease 
and advertisement; and stating, also, that 
unless such consideration money and the said 
forty-two per centum, together with the sum 
paid for the lease and advertisements, shall 
be paid to said collector of assess- 


ments and arrears, for the benefit of tho 
grantees, within six months after tho 
service of such notice, the said convey- 
ance will become absolute and the owner, 
occupant, and all others interested in the 
lands or tenements be barred from all right 
and title thereto during the term of years for 
which such lands or tenements shall have 
been conveyed. And no conveyance made in 
pursuance of this title shall be recorded until 
the expiration of such notice, and the evidence 
of the service of such notice shall be recorded 
with such conveyance. 

Irt.; mode of service. 

Sec. 1,044. Such notice shall be served per- 
sonally cr by leaving the same at the dwell- 
ing house of the occupant and of the person 
owning the property conveyed, with any per- 
son of suitable age and discretion belong- 
ing to his or her family, and the name of 
the person on whom served shall be stated 
in the affidavit cf service hereinafter men- 
tioned if the same can be ascertained, and if 
served by mail, shall state the time when 
the same was mailed. 

Id.; afflflavlt thereof. 

Sec. 1,045. In every such case the grantee, 
or the person claiming under him, in order 
to complete his title to the land conveyed, 
shall file with the said collector cf assessments 
and arrears an affidavit of some person re- 
siding in the city of New York, who shall 
be certified as credible by the officer before 
whom such affidavit shall be taken, tnat suca 
notice was duly served, specifying the time of 
service, the mode and manner cf service and 
a copy of such notice shall be attached there- 
to. 

Certlflcate of the controller; effect 

thereof. 

Sec. 1,046. If the said controller shall be sat- 
isfied by such affidavit that the notice has 
been duly served, and if the moneys required 
to be paid for the redemption cf such lands or 
tenements shall not have been paid as herein- 
before provided, he shall, under his hand and 
seal, certify to the fact, and the conveyance 
shall thereupon become absolute, and the 
owner and all others interested in the lands 
or tenements shall be barred cf all right there- 
to during the term of years for which the 
same shall have been conveyed. 

Owner or oeenpunt; when may redeem. 

Sec. 1,047. The owner, occupant, or any 
other person may, at any time within the six 
months named in such notice, redeem the said 
lands and tenements by paying such purchase 
money, with the addition of forty-twd per 
cent, thereon, and the amount that shall have 
been paid for the lease, and every such re- 
demption shall be as effectual as if made be- 
fore the conveyance of the lands or tenements 
sold. . 

Rate of intercMt; how to he enlenlated. 

Sec. 1,048. The rate of Interest allowed by 
law to the purchaser at the time of redemption 
on the amount of the purchase money shall 
be reduced to fourteen per cent, per annum, 
but no Interest shall be calculated on a less 
portion of time than one-quarter of a year, 
and in all cases where the property shall be 
redeemed during any fractional part of a year, 
the interest shall be calculated so as to in- 
clude the quarter in which such redemption 
shall be made, the time to be computed from 
the day of sale. 

Certificate of redemptlou to he fur- 

nlHhed, 

Seef 1,049. Upon such redemption, as pro- 
vided for in the two preceding sections, the 
said collector of assessments and arrears shall 
give to the person redeeming, a certlficala 
under his band and seal, stating the payment, 
the year in which the sale was made, and 


I 


THE CHARTER OF THE CITY OF NEW YORK. 


115 


ihowing what land such payment Is Intended 
to redeem, and such certificate shall be evi- 
dence of such redemption. 

Lost eertifloale; delivery of lenxe In 
ease of. 

Sec. 1,050. Whenever any certificate given 
by the coilector of assessments and arrears, 
as in this title provided, of lands sold shall be 
KSt, the said controller may receive evidence 
of such loss, and on satisfactory proof of the 
fact may execute and deliver a lease to such 
person or persons who shall appear entitled 
thereto cf the lands and tenements described 
in the certificate, and may also, in his dis- 
cretion, require a bond of indemnity to the 
city of New York. Each certificate shall be 
registered in the record of sales to be kept 
In the bureau of said collector of assessments 
and arrears, and no transfer of such certl- 
flc.':'.e shall be valid until registered in said 
book. 

Bill.«i of arronrs of taxoM niiil a.ssesi.s> 
iiientK lo lie fnrninlietl vi'lieii re- 
(ineMteil. 

Sec. 3,051. The collector of assessments and 
arrears, upon the requisiton of any person, 
shall furnish a bill cf all arrears of taxes, and 
cf taxes with the "water rents" added on 
ony lot or lots due prior to the first of .June, 
ti.en last past, and of assessments which 
[shall have been due twelve months or 
over,] are d ue and payable, including the 
amount necessary to redeem it or them, 
if it or they have been sold for any arrears 
of assessments, taxes or water rents and 
be yet redeemable; and upon the pay- 
ment of the said bill (which shall be called 
a “bill of arrears of assessments, taxes and 
v.uter rents and for redemption”) his receipt 
thcrecn, countersigned by the controller, shall 
te conclusive evidence of such payment. The 
controller shall cause to be kept a duplicate 
account of amounts so collected, and the cer- 
tificate of the collector cf assessments and 
arrears, countersigned by the controller, that 
there are. no such liens on said lot or lots, 
.'ihall forever free the said lot or lots from 
all liens of taxes, or for taxes with water 
rates added, or for rents of water added to 
the taxes prior to the first of June then last 
passed, and for all assessments due [thir- 
teen months or over] and payable prior to 
the date of the said receipt or certificate, 
and from all Hens in consequence of sales 
for assessments, taxes, or water rents, or 
for all of them, when the time allowed by 
law- for redemption had not expired at the 
date or time of said payment or certificate. 
Id.; fees for searelie.«<. 

Sec. 1,052. Fees for the searches to be paid 
into the city treasury shall be included in 
the bills mentioned in the preceding section, 
and also charges for certificates, which shall 
be given by said collector of assessments 
and arrears, respecting lots on which there 
may be no arrears when searches are required: 
the said fees to be regulated by ordinance of 
the [municipal assembly] board of alder- 
men. 

Coniiilele record of snies lo be Ueiit. 

Sec. 1,053. There shall be kept in the cffica 
of the collector of assessments and arrears 
a record of all sales made for taxes, assess- 
ments, and water rents, which record shall 
show' the amount of the tax, the as.sessment, 
and the water rents, a description of the 
premises sold, the date of the sale, the name 
of the person to whom sold, the term of years 
for which such property was sold, time of the 
delivery of the lease, to whom delivered, and 
when the same shall expire. 

AflldnritH of iinbllcallou of iieccssarj 
nolicci* to lie iirowervcd. 

Sec. 1,054. It shall be the duty of the col- 


lector of assessments and arrears to procure, 
preserve and register in his office, affidavits 
of the publication of all the notices by this 
title required to be published, and such affi- 
davits shall be presumptive proof of such pub- 
lication in all courts of this state. 

CHAPTER XVIII. 

UHr.\^llTME\T OF EDlf VTION. 

Title 1. The Public Schools and Their Man- 
agement. 

Title 2. The College of the City of New 
York. 

Title 3. The Normal College. 

Title 4. General Provisions. 

TITLE 1. 

THE 1*1 Ill-lC SC1IOOI.S .v\n t: I El It 
M.WAGEME.NT, 

lloai’ilof educatiiiii land mcIkioI linarilK]; 
liroiierty under lllieir] iln care anil 
eiintrol; in whiit name Hiiltn broiiKbl- 

Sec. 1,055. The title to all property, real and 
personal, now or that may hereafter be ac- 
quired for school or educational purposes, ex- 
cept the state normal school at Jamaica, and 
also the title to all property, real and personal 
purchased for school or educationa! purposes 
with any school moneys, whether derived from 
the Issue of bonds or raised by taxation in 
The City of New York, shall be vested in The 
I City of New York, as constituted by this act, 

I but shall be under the care and control of the 
board of education [and of the school boards 
of the various boroughs,] as provided in this 
act, tor the purposes of public education, re- 
creation and other public uses. Suits in re- 
lation to such property shall be brought in 
the name of the said board of education. The 
said city of New York Ehall have power to 
take and hold any property, real or personal, 
devised or bequeathed or transmitted lo it 
for the purposes of education in said city; but 
such property shall be under the care and 
control of the board of education [and of the 
school boards of the various boroughs,] as 
provided by this act, for the purpose of public 
education, recreation and other public uses 
in said city. 

Soliowl afte of <.‘liil(lreii. 

Sec. 1,056. The schools of the said city 
under the management and control of the 
board of education [and of the several 
school boards established by this act,] shall 
be free to all persons over [five] four and 
under twenty-one years of age residing in 
said city, but under such regulations not in 
conflict with the general school law of the 
state, as the board of education [or the re- 
spective school boards] shall prescribe, pro- 
vided. however, that no child under six years 
of age shall be received in said scho ols ex- 
cept in kindergarten classes, [and where 
kindergarten schools are established under 
the provisions of this act, they shall, in like 
manner, be free to children not less than 
four years of age residing in said city.] 

Doaril of rilucnlioii; mieceeils lo Ii'iikIm 
of pnlillc school society. 

Sec. 1,057. .\11 the trusts held by or vested 
in the Public School society of the city of 
New York, as heretofore organized and 
existing in compliance with the provi- 
sions of an act entitled "An act rela- 
tive to common schools in the city of 
New York,” passed the fourth day of June, 
one thousand eight hundred and fifty-three, 
which have not been conveyed by the said 
society, and all the rights, powers and duties 
of the said society, which yet remain therein, 
shall continue and be vested lu the board of 


education of the city of New York, which 
board is and shall be held to be the lawful 
successor.s of said society in the execution of 
every trust. 

Ronril «if ciliicnlluii faiiil scIdkiI 
lioiirils;] niicccciIh In liullcH iiiiil |io>r- 
cru of former lioarilM, elc. 

Sec. 1,058. Subject to the provisions of this 
act, and so far as is consistent therewith, 
the board of education of the city of New 
York, as created by the terms and provisions 
of this act, [and the school boards of the 
various boroughs, as created by the terms 
and provisions of this act.] shall [respect- 
ively] be subject to all the duties, possess 
all the rights and exercise all the powers 
[now] respectively held by the board [s] 
of education, the school boards of the sev- 
cral b oroughs and the inspectors of com- 
mon schools on the day when this act takes 
effect, excepting such^ duties, rights and 
powers as sh all tievolve upon the local school 
boards as provided in this act [commission- 
ers of education and school trustees exist- 
ing at the lime of the passage of this 
act, in and for The Ciiy rf New York, 
the City of Brooklyn, or Long Island City, 
or the school districts of the county Of Rich- 
mond, and the school districts of that part 
of the county of Queens, by this act consoli- 
dated into the city of New York, and such 
duties shall he deemed under this section 
to be devolved upon the said board of edu- 
cation or the school board.? in the same man- 
ner as similar duties are devolved upon the 
said board of education or the school boards 
of the boroughs by this act.] 

Miiiiry fu coiiiliiol hvIiikiIm to lie raineil 
liy tnxntlon [nfler 

Sec. 1,059. The board of estimate and ap- 
portionment and the [municipal assembly] 
board of aldermen of The City of New York 
may [, in the year eighteen hundred and 
ninety-nine, and in each and every year 
thereafter.] raise and collect by tax, 
cn the esiaues, real and personal, liable to 
taxation in said city, such sum of money aa 
may be necessary -to provide for the c.induc: of 
the schools aa called for by the budget adopted 
by the said board of estimate and apportion- 
ment and the said [assembly] board of al- 
dermen pursuant to the provisions of thia 
act; but nothing contained in this act shall 
be construed to limit or restrict the power 
of the board of estimate and apportionment 
and the [municipal assembly] board of aider- 
men to fix In their discretion, and in such 
detail as they may deem expedient, tha 
amounts to be allowed to said board of edu- 
cation in the annua] tax levy. 

Piiwerw. elf., of m-liool lioarilw. ns liere- 
Kilfire oofiNlitiiteil, to veaNei liOHrU o} 

eiliienlioii mill Hie local hcIiooI lioarila 
fo Mueeeed lo lli'elr powem. 

Sec. 1,060. The powers, duties and func- 
tlons of all the school boards in the several 
boroughs within The City of Ne w York as 
they have heretofore been constituted shall 
cease and determine and their offices shall 
be abolished on the first Monday of Febru- 
ary, nineteen hundred and two. and the board 
of education, as constituted by this act, shall 
thereupon succeed to such powers, and be- 
come subject to such fu nctions and duties 
as provided by this act. 

Boartl of eduoalion; how eonnlllnlctl ; 
preKideiili vncnncleit; iiieiiilier* to 
serve without pay. 

Sec. 1,061. [1,062 ] There shall be in The 
City of New York aa copsliluted by this act. 


lift 


THE CHAUTEIl OF THE CITY OF NEW YORK. 


a board of. education, which shall have the 
management aufl control of the public schools 
and of the public school system of the city, 

subject only to the genera! statutes of the bei- prior to tli'e'^^pTrati 
Slate relatiug.to public schools and public 
school instruction, and to the provisions of 
this act. The board of education of The City 
of Xew York shall consist of [nineteen] 
forty-six members [and shall be composed 


January first, nineteen hundred and four, ! Board of Education an estimate in detail of 


and one member until January first, nineteen | the moneys need.ed for the purposes of the 

hundred and seven. In the month of Xovem- (general school fund within the territory un- 

ioii of the vespectiYe '■ jurisdiction during the next succeed- 

^ TTw — r: " T " ~ — rrr — » ing calendar year. The Board of Educaiioii 

terms of office of the members of the board j 

^ ; j — — sihall, thereupon, restate, rearrange, revuse 

ot education, appointed as aforesaid, the , .. , .. m t 

^ — Li ! I and verify such estimates and shall have 

mayor shall appoint thei r successors to serve j discretiou. to amend or reduce 

for the full lerni of live years from the n rst r.ame, and thereupon]. On or before 


as follows: Of the chairman of each of the j of_January 
school boards provided for by (he last r.re- 1 


he fifteenth of September in each year it shall 


following. The terms for 

which such appoiiit m ents a re made shall be aubmit, [together with a written memor- 
ebding section, by virtue of his office, and of designated in the certificates of appointment I andum of any such amendment cr reduction 
ten delegates elected by the school board of 

the boroughs of Manhattan and The Bronx, niembei* 

snd of five delegates elected by the school I detail of the moneys needed for the en- 

board of the- borough of Brooklyn, to be 
chosen from the • membership of said school ' 

hoards, respectively. The members of the | [ 2 nd of the several school boards] 


of such members. A change of residence by a ! so made by the sa*d hoard of education and 
ortiie boa rd of educ'^n f rom"he ! reason f( r making the same] an estimate 
i borough from w'hicb be w.as appointed shall 


board of education so elected shall serve for [shall 6€r'»e without ps), and s hall hold 1 10 


one year and until their successors are cho- 
sen] tweuty-rwo being residents of the bor- 
ough of Manhattan: four of the borough of 
The Bronx; fourteen of the lioroughs of 


office of emolument under the county, state 


tire t^chool system of the city, to the board 
of estimate and F-pyrortionment for its action. 
[Any amendment to or reduction of the esti- 
mate of any School Board which shall be 
made by the Board of Education shall not 


Brooklyn : 

: four 

of the borough of 

Queens. 

and two 

of the 

borough 

of Richmond, The 

members 

of the 

board of 

education 

shall be 

appointed 

by the mayor 

and hold 

office for 




or municip al gover nment, except the office s preclude the right of the Board of Estimate 

and Apportionment, after a proper hearing, 
to restore to its original form such estimate. 
The Board of Estimate and Apportionment 
shall appropriate for the general school fund 
for the year nineteen hundred and one and. 
annually, for each year thereafter, an amount 


I of notary public dr commissioner of deeds. 
I or offices in the national guard. 

Id.; to and prlTileftes 


<if n corporation. 

Sec. 10t»2. [i06J.] For the purposes of this 

. , _ .. .. 


the term of five years. On the [third] fii'st 
Monday of February, in the year [eighteen ! privileges of a corporation 
hundred and ninety-eight] nineteen hundred 
^d ^vo, and in every year thereafter, the 
said board of education shall organize by 
electing one of its members as president of 
the board, who shall preside at its meetings, 
and shall have the same po*wer to vote there- 
at as any other member, but who shall not 
have the .power to veto. Any vacancy in the 
office of members of the board of education, 
caused by death, resignation, or otherwise, 
shall be filled by appointment by the mayor 


, , equivalent to not less than four mills on ev- 

cry dollar of assessed valuation of tne real 
and personal estate in the City of New York, 
liable to taxation, inclusive of so much of 
the stale school moneys apportioned by the 
Superintendent of public Instruction for the 
payment of teachers* w^ages as is actually 
paid into the said general school fund.] The 
beard of education shall administer • all 


Id.; 1<» appoint an oxecMitive «M>]niiiitto4'‘: 
powers 4»f 4M»inniWtee. 

Sec. 1060. It shall be the duty of t he board of 
education in the month of February, nineteen 
hundred and tw'o, and in each year there- 
after in the month of July to appoint a 
standing committee of fifteen member s of the 
board, who shall, subject to the approval of 
the board, c onstitute an executive commit- 
tec for the care, government and manngc- 

school system of the 


for the unexpired term, subject to the pro- i raent of the public 

visions as to the residence of such members | city, subject to the bylaws of the board of i 

education. At least one member of such com- 


mcneys appropriated or availa ble for educ« - 
tiona! purposes in the City of Nev/ York, 
subject to the general provisions of this act 
relating to the audit and payment of salarie.s 
and other claims by the department of tin- 


hereinbefore set forth, [in the same manner 

as the olficer W'hose office is vacated w^as j mitlee shall be selected from each borough 
chosen or . elected.] 


On the third Monday of j The said Boa rd of Education may by Its by- 
January. nineteen hundred and two, the mayor jaws confer upon said committee power to 
shall appoint members o f the board of edu- | perform any of the administrative powers 
cation to serve until the dates hereinafter ! of the board. It shall be the duty~of saTil 


sp ecified, n amely: In the borough of Man- 
hattan, five me mbers until January first, 
nineteen hundred and three: five mem- 


executiv e committee to perfor m such duties 
as the Board of Ed ucat ion may by bylaws pre- 
scribe. The Board of Education may, at 


bers until January first, nineteen hundred j any regular meeting thereof, by a maiorltv 


all the members of 


and four; four members until January first, ! of 

nineteen hundred and five; four members un- i a'ny or all the Tupmb^rs of the ^d~coimnit 


til January first, nineteen hundred and six. \ tee. and appoint other members of the board 
and f our members until Ja nuary first, nine- j the vacancies thus created . Said"^xecu ' 
teen hundred and seven. 

Brooklyn, three member.s until January first, \ each 


In the borough of ■ live committee shall meet at least once in 

month. All reports of committees of 


nineteen hun dred and three; three members 
until Jan uary first, nineteen hundred and 
fonr: three members until January I its consideratinn and 


the board annointed under its bvlaw-s shall 

committee for 
before being 


be presented to the executive 

refion 


fiVst. 


ninet een hundred and five: 1 present ed to the board , unless otherwise or- 

Tlie president of the 


thr^ members until 
teen hundred 
until 


and six. and 


January first, nine- \ dered by the b^n rd 

two members I board shall be ex officio the chairman of the 


January first 


seven. 


nineteen hundred and j executive committee, 
borough of The Bronx, one ’ 


— *:*L*'**‘'^ ■ ^ Id.; to lie repreHeiilative of .soliool 

member until January first, nineteen hundred j tti reuuire and revise OMti^ 

iiiateM from Mehoo! hoards: to Kiiliiiiit 


Id.: to uMe and eontrol eertalii prein- 
iscM; [liou.Hin;;*' tlie »(*liool hoard of the 
horougrh of Manhattan nntl the other 
horoniilis]. 

Sec. [1,067] 1,065. The board of education 
shall have power to use and to control the 
premises known as the hall of the board 
of education, at the corner of [Grand and 
Elm streets] _Park avenu e and Fifty-ninth 
p^eet in the borough of Manhattan, and*any 
other buildings to be occupied for like pur- 
the board, remove * in_The City of New^ York, [therein] 

and to make all the repairs, alterations and 
additions in and to the said building or 
buildings which the board of education may 
authorize and deem advisable. [And it shall 
be its duty to make provision for housing 
the school board of the boroughs of Manhat- 
tan and The Bronx in such building or in any 
other building which may be so occupied by 
the board of education.] The board of edu 
cation of The City of New York shall pro- 
vide [a meeting room, and] such [other 
headquarters] offices and rooms, as they 
may deem advisable within the boroughs of 
The City of New York, for the administra- 
tion of the powers and duties conferred by 


and thr ee; one member until January first, 
nineteen hundred and five: one member un- 
UI Janua ry first, nineteen hundred and six, 
and one member until January first, nine- 


I i*«tiinate fov <*nt ire school xysfein. 

j Sec. 1.064. The Board of Education shall 
! represent the schools and the school system 
1 of the City of New York before the Board of 


^en hundred and seven. In th e borough of i Estimate and Apportionment, and before the 
Queens, one member until January first, niue- 
teen h undred and thre e: one member until 
.lanuary fi rst, nineteen hundred and five; 
one ■ member until January first, nineteen 


hundred a nd six, and one member until Jan 
uary first, nineteen hundred and seven. In i 
the borough of Richmond, one member until 1 


[municipal assembly] board of aldermen, 
in all matters of appropriations in the 
budget of the city for educational pur- 
poses. and in all other matters, and shall, 
in general, he the representative of the 
school system of the city in its en- 
tirety. [In the mouth of July ii^ each year 
each School Board shall transmit to the 


this ch anter upon the board of educ ation, toe 
board of superintendents, and the city siTper- 
intendent. [of the school boards of the oth^ 
boroughs.] 

III.; fo 4lis|»oMe uf i>er.Hoiin1 properly; 
c1ia|>o^«itioti of proeeccln; to lettNe prop- 
erty and make cMiiitraetM. ' 

Sec. [1,06S] The board of educatiqn 

shall have power, in the name of Jhe City 
of New York and for said city, to dispose pf 
such personal property used in the schools 
or other buildings under the charge of said 
board as [the school board of The borough 
concerned] shall [by resolution certify is] 


THE CHARTER OE THE CITY OF NEW YORK 


117 


BO longer be required for use therein, and 
all moneys realized by the sale thereof shall 
be paid into the city treasury and shall at 
once be appropriated by the board of esti- 
mate and apportionment, to the special 
school fund of the board of education for use 
in the borough in which the property sold was 
situated. Said board shall have power to 
le ase pr o perty r equired for the purpose of 
furnishing school acc ommodations, and to 
prepare and execute leases therefor. 

Hoard of ediioatioii: 1o apitoint eertuio 

otKcers, clerks, ele., and Jlx Iheir 

Malaries. 

Sec. [1,069.] l.OGJ^The said board of educa- 
tion shall have power to appoint a secretary 
Of the board; a superintendent of school build- 
ings. who shall be an architect of experience 
and good standing, and whose term of office 
.shall be for six years; a superintendent of 
school supplies, whose term of office shall bo 
for six years; a city superintendent of 
schools for the terra of six years and one or 
more auditors, [as may be necessary in the 
judgment of the board, upon whose certifi- 
cate accounts against the said board, or 
charges upon either the special or genera! 
school fund may be paid when countersigned 
by the proper officers, as the bylaws of the 
said board of education, with the approval 
of the controller of the city, may direct,] 
The said board may appoint a chief clerk 
and .such other officers, clerks, or subordi- 
nates as it may deem necessary for its ad- 
ministrative duties, and as are provided for 
by the proper appropriation. The city super- 
intendent of schools, the secretary of the 
beard, the superintendent of school buildings, 
the superintendent of school supplies, the au- 
ditor or auditors, and any other officers, 
clerks or subordinates of the board, may, any 
or either of tnem, be removed for cause at 
any time by a vote of three-fourths of all of 
the members of the board of education and 
may be suspended by the board of edu- 

cation pending the trial of charges. [The 
said beard shail fix and regulate within the 
proper appropriation the .salaries or compen- 
sation of the secretary of said board; of the 
superintendent of school buildings; of the 
superintendent of supplies; of the auditor or 
auditors; of the city superintendent of 
schools; of members of the board of ex- 
aminers, and of any other officers, clerks or 
subordinates, ana it may fill any vacancies 
in such offices or positions.] 

1<I.; itoTvei* to enact bylatVH, rules and 

regulations. 

^ec. [1,070.] 1.008. The board of education 
shall have power; subject lo the provisions of 
law and of this act, to enact by-laws, rules 
and regulations for the proper execution of all 
duties devolved upon the board, its members 
and committee and upon the ^evor^ local 
school boards ; for the transaction of all 
business pertaining to the same; for defining 
the duties of the city superintendent of 
schools, the .superintendent of school build- 
ings, the superintendent of school supplies, 
of its auditor or auditors, its clerks and sub- 
ordinates; for regulating the manner of mak- 
ing disbursements from any of the funds ap- 
portioned to any borough for school purposes, 
for the proper execution of all powers vested 
in it by law, and for the promotion of the 
w'elfare and he.st intereists of the public 
schools and public school system of- the city 
in the matters committed Lo its care. Until 
the board of education shall ac t un der the 
provisions of this secti on th e b y- laws , rule s 
and regulations of the board of ed ucation an d 
of the several b orough scho o l boards in force 
oiTThe first^^ of -January, nineteen hundred 


and two, shall remain in full force and effect 
so far as they are not inconsistent with the 
provisions of this act and are applicable. 

Koni-il €»f >-^1 nent toil siK-t-eedK to 

l>o«erM li(‘i-<-tofoi'c e.xereised b.v lior- 
ough liourdw. 

Sec. 1,069. TliC' board of education shall in 
addition to th e other powers herein expressly 
conferred, have power: 

1. To establish and conduct elementary 
schools. kindergartens. manual training 
schools, trade scltools. truant schools, eve^ 
ing schools, vacation schools and schoo ls for 
colored pupils, 

I’. To maintain free lectures within the vari- 
ous buildings under the c ontrol of t h e de- 
partment of education. 

:l. To provide special classes whose sessions 
shall be held at such times in the day o r 
evening as said board may determine, for tlie 
purpose of giving instruction in the En^i^lt 
language lo persons who cannot use that 

language readily and whose _voc^tions 

such as lo prevent rheir attendmg the_ele- 
raentary or other school.s i n the school sys- 
tem. 

4. To provide one or more high schools 
and training scltools o r classes for teachers , 
as it may front lime- to litne determ ine, and 
as the appropriations may permit. 

.A To establish j,nd coitciuct play grounds 
in coDueclion with the public schools. 

6. To establish new- schools and discontinue 
or consolidate any of the sc hools of the 
system. 

Itl.s sccretnry: duties: secretary ami 
chief clerk may adiiiiiiister oaths. 

See. [1.071] 1,070. The secretary of the board 
of education shall have charge of the rooms, 
books, papers and documents of the board, 
and shall, in addition to his duties as secre- 
tary of th? board, perform such other duties 
as' may bo required by its members or com- 
mittees. The secretary and the chief clerk 
of said board are authorized to admliiister 
oaths and take affidavits in all matters ap- 
penainiag to the schools in, the city of New 
York, and for that purpose shall possess all 
the powers of a commissioner of deeds, but 
shall not bo entitled to any of the fees or 
omolum-jcs thereof. 

I<l.; |>r«»vi«ie for [tuireaiia] i^ii iielie.>i. 
etc., ill borougliN. 

Sec. [1,072] 1,071. The board of education 
shall make provisions for the organization 
in the various boroughs of such [bureaus] 
branches as they may deem necessary in the 
[departments] bureaus of the superinten- 
dents of school buildings aiid of school sup- 
plies, and shall make such provision by its 
by-laws. as will [enable each school board 
lo] secure prompt and efficient service for 
the selection_anii acquisition of sites, the 
planning and erection of new buildings for 
school purposes, and for the alteration and 
repair of existing buildings, and for the regu- 
lation of the purchase and distribution of 
school books and supi'Iies, and for the ejmeu- 
tlon and carrying into effect of all m atters 
^ffthTn^, authority for which shall have 
been granted by the board, andfor the preser- 
vation of all school records. Subject h) such 
bylaws, the superinten dent of s chool build- 
ings shall be executive office r of t he board 
in reject to all matters re lating to the b u- 
r^ of buildings, or i n respect to which he 
is digged with du ties under th e provi sions 

of thi^^k He sh^ail advertise for bids for 


the erection, alteration or repair of any biiild- 
I ing to be use d for educational purposes in 
1 The (li ty of New York which has been au- 
I thorized by the beard of education. 

Sii|>eeiiit<-ml(>iit of kcIiuoI Ituiidingrsi 

o:itIi :iml «eeiii-it.i' l»y; to 

uiutioo.-'. of lioiiril; vueuiicy in oiliee. 

Sec. [I,07S] 1.072. The superintendent of 
school buildings shall take and subscribe 
1 before the secretary or the chief clerk of 
j the board of education, the oath ■prescribed 
by the constitution of this stale, and give 
I such security for the faithi'ul performance 
I of the duties of his office as the board 
; ot education may direct ; and the [de- 
partment] bureau under his charge shall 
be subject to such niies and regulations 
as the board may establish, one ot which shall 
prohibit the performance by him of any work 
on any other account, similar to that performed 
imder the regniations so established, except 
[for the college of the city ot New York and] 
the norma! college of the city of New York, 
and like institutions in the deparimenc of ed- 
ucation. Any vacancy in the said office of 
euperiutendent of school buildings shall ha 
filled by appointmeut for- the unexpired term. 

ill.; (it-piiiv III oncli l>oriiii;Ali; i»lnii« for 

.seliuol liniliiiii.'fK. 

Sec. [1,074] 1.07:1. The superintendent of 
school buildings may appoint a deputy 
superintendent for each of the boroughs, 
who shall be an architect or engineer 
of good standing, and, with the au- 
thority ' of the board of cduciiliou, he 
may empower a deputy superintendent in 
his place and stead to execute all the duties 
ot superintendent and such othe-r duties as the 
board of education may, by regulation, pre- 
scribe. All plans for nev/ school bunding 7, 
for additions to school buildings and for 
'structural changes in old buildings, shall l>» 
passed upon and must be approved by the su- 
perintendent of school building;, who shall 
[then] submit such plans [to the school board 
of the borough whereiu such buildings are to 
be erected or such additions or changes are to, 
be made, who shall thereupon transmit such 
plans with such suggestions, in writing, a.s 
they may see fit to make.] to the hoard of 
education; whose actinn thereon shall be 
final. 

III.: ii|>iioiiif iiii-iif :iiul vcnio^ai of jiia- 

iloi-s. 

Sec. [1075.] 1.074. Janitors shall be ap- 
pointed by the' [school board] board of ed- 
ucation. [on the nomination of the su- 
perintendent of school buildings. All stlch 
nominations shall be from a preferred list of 
duly qualified persons certified to and on file 
in the office of superintendent of school build- 
ings. Janitors may be removed by the school 
board on complaint of the prinpipal of the 
school, the Euperintendent of school h;tild- 
i iugs, or a member of the school board.] 


Uiinrii of eilTH-at ion: iJ!iroli:i»o of. and 

rcgiilnfions regrarilliiti; sui»i>llos. 

Sec. [1,076.] 1.075. The board of education 
shall provide for the purchase of all books, ap- 
paratu.s, stationery and other things necessary 
and expedient to enable the schools of the city 
to be properly and successfully conducted. 
It .shall cause to be furnished all necessary’ 
supplies, and shall make regulations for the 
furnishing thereof to the schools in the sev- 
eral boroughs [and for the accounting for the 
same by the several school boards]. The 
board of education shall have power to enact 
bylaws and resolutions tor the government 
of the superintendent of supplies, ■which by- 
laws and resolutions shall provide that 4|| 


118 


THE CHARTER OF THE CITY OF NEW YORK. 


supplies, as far as possible, shall be obtained 
by contract, [for which proposals shall be 
advertised for a period of at least two 
weeks.] made at pu blic letting in the man- 
ner provided by section four hundred and 
nineteen of this act. 


Siiperiutendeut of supplIOH; oatU and 
wecnrlty by; snbjeet to resrnlatlons of 
board; vacancy; deputy supeidntend- 
ents and subordinates; depots of sup- 
plies. 

Sec. [1,078.] 1.076. The superintendent of 
school supplies shall take and subscribe 
before the secretary or the clerk of the 
board of education the oath prescribed by 
the constitution of this state, and shall give 
such security for the faithful performance 
of the duties of his office as the board of ed- 
ucation may direct; and the [ depart - 
ment] bureau under his charge shall 
be subject to such rules and regulations as tne 
board may establish. Any vacancy in the 
said office of superintendent of school supplies 
shall be filled by appointment for the unex- 
pired term. Tne superintendent of school 
supplies may appoint such deputy superinten- 
dents and such other subordinates as the 
bylaw's of the board of education may author- 
ize, and he may, with the authority of said 
board, empower a deputy superintendent in 
his place and stead to execute all the duties 
of the superintendent, and such other duties 
as the board of education may by regulation 
prescribe. He shall establish such depots 
of supplies in any of the boroughs as may be 
authorized by the board of education. The 
superintendent of school supplies shall be 
t he executive officer of the board in res pect 
of the purchase, storing and d ist ribution of 
all supplies for the use of the schools, the 


board of education, the officers and employes 


thereof, the several local school boards and 


the office of the city superintendent; the 


printing for the board and any of its officers, 
employes or departments, and the local school 


boards; transportation of school child ren; 
and such other matters as may be assigned 


to him as such executive officer by the by- 


laws of the board. He shall advert!^ for 

bids for supplies and equipments, for the use 


of the schools, the board of education or any 


of t he bureaus thereof and the several loca l 
school boards, which have been authorized 
by the board of education and when such 
advertisement is required by law or the 
by-laws of the board. 

City snperiiiteudent uf schools; rights 

Hud duties. 

Sec. [1,079.] 1, 077. The city superintendent 
of schools shall have the right of visitation 
and inquiry in all of the schools of the city of 
Kew' York as constitu>ted under this act, and 
he shall repo^rt to the board of education on 
tbe educational system of the city, and upon 
the condition of any and all of the schools 
thereof [but he shall have no right of inter- 
ference with the actual conduct of any school 
In the city of New York]. He shall have a 
seat in tbe board of education and the right 
«o speak on all matters before the board, but 
not to voce. 

Id.; fnrtlicr duties; annual report; 

elerks of niuiii olliee. 

Sec, [1.080.] 1.078. The city superintendent 
of schools, so often as he can consistently 
with his other duties, shall visit the schools 
of the city as he shall see fit, and inquire 
Into [their] all matters relating to the gov- 
^nment, courses of instruction, methods of 
teachi ng, management and discipline such 
Bcbools, and the condition of the school 


houses and of the schools generally; and 
shall advise and encourage the pupils 
and teachers and officers thereof; sub- 
ject to the bylaws of the bo«rd of- education, 
he shall prescribe suitable registers, blanks, 
forms and regulations fo'r the making of all 
reports, and for conducting all necessary busi- 
ness connected with the school system [not 
devolved upon the borough superintendent by 
this act,] and he shall cause the same, with 
such information and instructions as be shall 
deem conducive to the proper organization 
and government of the schools,' and the due 
execution of their duties by school officers, 
to be transmitted to the officers or persons 
intrusted with the execution of the same. 
He shall submit to 'the board of education an 
annual report containing' a statement of the 
condition of the schools of the city, and all 
such matters relating to his office and such 
plans and suggestions for the improvement 
of the schools [in] and the school system, 
and for the advancement of public instruc- 
tion in the city of New' York as he shall 
deem expedient, and as the by laws of the 
board of education may direct. He may ap- 
point such clerks as he may deem necessary, 
and as are authorized by the board of edu- 
cation. [but the compensation of such clerks 
shall not e.xceed In the aggregate the amount 
appropriated therefor.] He shall assign his 
clerks to their various duties, and may sus- 
pend or discharge them for cause, but in 
such case, the clerks shall have a right of ap- 
peal to the board of education. He shall re- 
port as often as the board of education shall 
direct upon any matter or matters, -entrust- 
ed to his charge, in such detail as shall be 
required of him. He shall maintain- his- main 
office in the borough of Manhattan, and in 
such building as the board of education shall 
direct. He shall have power, at any time, 
to call together any or all of the [borough] 
associate city superintendents and [associ- 
ate] district superintendents for consulta- 
tion, and shall assign t o _them, subject to 
the by-iaws of the board of educat ion, such 
duties as in his judgment will be conducive 
to the welfare of the public schools of the 
city of New York. The district superinten- 
dents shall be assigned by the city superin- 
tendent to the work of supervision in the 
local school board districts to be constituted 
as hereinafter provided, in such manner that 
each district superintendent shall be as- 
signer to such duty in three of such districts' 
for the period of one-half the School year, 
and one of such superintendents shall be 


superintendent, .shall constitute th e board 

of superintendents. They s hall be appoin t- 
ed by the board of education by a vote of 
a majority of its members, and shal l serve 
for the term of six years, provide d, how- 
ever, that t he borough superintendents in 
office on the first day of January, nine- 
teen hundred and two. shall ser ve out as 
associate city superintendents the terms 


for which thev were appointed by the 
respective borough school boards heretofore 


existing, and upon the expiration of their re- 


spective terms of office their successors sha 1 


be appointed in the manner and for the ter"i 


herein provided, and provided also that the 


other two associate city superintendents shall 


be ap pointed from the associate borough su- 
pe rinten dents in office on the firs t day of Jan- 
uary, nineteen hund red and two, and when 
so appointed they shall serve out as asso- 


ciate city superintendents the terms for whici. 


they were respectively appolpted as such as- 


sociate borough superintendents. The city 


superintendent shall preside over the boar-l 


o f su p erintende nts, and all communications 
from the board shall be made in his name un 


less in an y sp ecial case h e may otherwise 
elect. T he board of ed ucation shall have pow- 
er to pass by-la ws regulating the duties of 
the city supe ri ntendent and of the board of 
superin tendents. There shall be fifteen dis- 
trict superintendents to be appointed by the 
hoard of education for the term of six years 
upon the nomination of the board of super- 


intendents,- prov ided, however, that such dis- 
trict superintendents shall be selected in the 
first insta nce f rom th e associate borough su- 
perintendents in office on the first day of .Jan- 


assigned to a fourth district in addition. 
At the end of such period the city superin- 


tendent shall have power to change such as- 


uary- nineteen hundred and two, and, wht.n 
so selected, they sh all serve out as district 
superintendents the t erms f oi~ which they 
were appointed as such associate borough su- 
perintendents by the r espective borough 
scho ol boards here tofore existing; and upo.i 
the e xpiration ^f their respective terms of itx- 
fiee-their successors shall be appointed in th'! 
mann er and for the term above~ orovlded. 
Th e offices of borou gh superintend^ of 
scho ol s and associate borough superintendent 
of sc hoo ls shall be abolished on the first 
Monday of Februar y, nineteen hundred a^d 
two. A ny a s sociate city s uperintendent~or 
any distr ic t superintendent m ay beTemoved 
f or cause at any lime by a two- thirds vote 
of all the mem bers of j;he board of educa^ 
t ioii. Except as herein otherwise provided, 


signments as he may deem best for t he in- | no person snail be el ig-ible for election as 

city superintendent, associate city superin^ 


terests of the school system but only in the 


tendent, or district superintendent w’ho has 
n ot o ne of t he following qualification s: (aT 
Graduation from a college or universitv rec- 


I ognized by the University of the State of 
i New York, together with at least five years 


manner above provided. It shall further be 
[his] the duty of the city superintendent 
to report any case of gross misconduct, in- 
subordination, neglect of duty, or general 
Inefficiency on the part of any associate 
city [borough] superintendent or district 
[associate] superintendent [first to the 
school board of the borough concerned, and 
failing of remedy, then] to the board of 

education. The cRy su perin tendent may 

empower an associate city superintendent to ! of examination, together with ten years’ 


of succe ssful experience in teaching or iii 
supervision since graduation; (b) A pri^i- 
p al's certificate for any of the boroughs of 

the city of New York obtained as a result 


successful experience in supervision or teaoh- 
ing . A re signation of the city superintendent 

shall be mode to th e board of educatl^ 
Resignations of the associate city su perinten- 

dents shall be made to the board of edu ca- 
tion. Resi gnatio ns of the d istrict superln- 

teadents shall be made to the board of^siT 

city superintendents, who, with the city J perlntendents and shall be reported Imme- 


execute all the duti es of the city supe rin- 
tendent during hi s absence or disability. 

City mipertutendent, aBSo cIate crity »u- 
perlntendentM, board of Huperlnten- 


dentB, diBtrict wnpertntcndentg and 
directorB. 

Sec. 1,079. There shall be six associate 




119 


THE CHARTER OF THE CITY OF NEW YORK. 


diately to the board of education. The board 
of education sh all have power, upon the nom- 
Inatlon of the board of superintendents, to 
appo int such directors of sp ecial branches 
as it deems necessary, for the term of six 
years; such directors shall be subject to the 
supervision and direction of the city superin- 
tendent. No person shall be eligible for 
election as d irector of a special branch, such 
as music, drawing, kindergarten, etc., who 
is not: (a) a graduate of a high school or 
of an institution of equal or higher schplastic 
rank; and < a graduate from a course of 
professional training of at least one year in 
the special branch that he is to supervise 
or tea ch; and (c) a teacher of that special 
branch with at least three year s of success - 
ful experience . 

• 

General duties of district siinerliiten- 

dents. 

Sec. 1,080. Under the supervision and di- 
rection of the city superintendent, di strict 
superintendents shall visit e very school in 
the districts to which they are assigned re- 
spectlvely as above provided; sh all inquire 
into all matters relating to the government, 
courses of study, methods of t ea ching, discip- 
line and conduct of such scho ols, and th e 
condition of the school-houses and of the 
schools generally; shall examine clas ses when 
necessary; and shall advise, ass ist and en- 
courage the pupils and teachers thereof. 
The district superintendents shall report the 
results of such inspections and examinations 
to the city superintendent, who sh all trans- 
mlt such p arts of said reports as he may 
consider necessary or proper to th e board 
of e ducation of the city of New York, and 
to the local school boards for the distr icts 
for which the same ar e made respectivel y. 
Such report s shall be made at such times, 
concerning such matters, an d in such form 
as said city superintendent shall require. 
lt^ hall~further be the duty of each district 
superintendent to re port to the local school 

boa rd within any district to which he is 
assigned, and through the city superinten- 
dent to the bo ard of educati o n any ca s e of 
gross misconduct, neglect of duty, or gen- 
eral inefflcien cy arising in such district on 
the part of any principal or teacher or other 
member of the educationa l staff wit hin his 
jurisdiction^ 

Board «»f Hoperliitendentw; Untw of 
priii clgalw. etc., to be kept l»y; where 
prtnflp als report . 

See. 1,081. The board of superinte ndents 
sha U k^eep a list of all principa ls and t e ach - 
ers in the service of the boa rd of educa - 
tion in the several boroughs, with a record 
of the dates of the ir appointment, the grades 
and classes taught by them, and of such 
Jther m atters as the board of superinten- 
dents ma y prescribe. Such lists shall be 

open to the inspection of teacher s (as to 

their o wn records only), of memb er s of the 
board of education, of the members of the 
loca l school boards, of district superinten- 
dents" a nd of "principals. Principals shall 
report to the city superintendent or to the 

district superintendent within th ei r distr ict 
at such ti mes, upo n such ma tters, and in 
such form as the city superlntendent or such 
district Superintendent may require. 


Pro motion or transfer of pupil s; rnles 
and reKiilatioons, 

Sec. 1,082. The board of su perintendents 
shall estab lish for the schools, subjectto 
the approval of the board of education, 

I rules and regulations for the reception of 
pupils in the schoo ls of the city, the pro- 
motion of pupils from grade to grade, from 
school to school, for t he graduation from all 
grades of schools, and for the transfer of 
pupils from one school to another. 

Reconiniendations of and rognisitlons 
for text books and scliolastte snp- 
plies. 

Sec. 1,083. The board of education shall, 
upon the recommendation of the board of 
superintendents, approve text boo ks, appar- 
atus and other scholastic supplies for us e 
in the public schools of the c ity. RequlsJ- 
tions for such text books, ap paratus and 
scholastic supplies shall be ma de by princl- 
pals upon the superintendent o f supplies un- 
der rules t o be established by the board of 
educa tion, but no requisition for any school 
sh all be honored unless it is approved in 
writing by the district superintendent of the 
district where such s chool is situated. 

Chaugrins Krades of BChoola and 
olaHses; conrwew of stntly; [fixing 
Mtandard of qnaliflcatlon for princi- 
pals and tearhers.l 

Sec. [1,104.] 1,084. [A school board] The 
I board of education shall have power to 
change the grades of all schools and of all 
classes of any high school or other school 
under its charge upon the written recom- 
mendation of the [borough] board of su- 
perintendents, and upon the same recom- 
mendation to adopt and modify courses of 
study [therefor] for all schools under its 
supervision. [A school board shall also have 
power to fix a standard of qualification as a 
necessary requirement for the service of all 
principals and teachers in the high schools 
and schools of the borough, which require- 
ment may be higher, but now lower than 
the minimum qualifications established by 
the board of education of the city of Mew 
York.]. 

Doties of tile bo ard of superintendents, 
city wuperlnteiideiit. district siinerin- 

tendents and supervisors with refer- 
enoe to speel at brniiches. 

Sec. 1,085. The board of superinte ndents, 
with the ad vice of the dir ec tors of the re- 
spective special branc hes, shall assign to the 
several school districts such teachers of draw- 
ing, music, physical culture, ma nual training. 
cooking, sewing or other special branches as 
the board of education may appoint. The 
district superintendents shall assign such 
teachers of special branch es to their duties 
in the schools of the several districts to 
which they are appointed. Such teachers 
shall be lesponsible to the principal of each 
school to which they are assigned and to the 
district superintend ent for the performance 
of their duties therein. The directors of spe- 
cial branches shall act as advisors to the 
board ot superintendents, to the district su- 
perintendents, and to principals, with regard 
to the special branches they supervise; un- 
der the directTon of the city superintendent 
they shall examine the work in their several 
branches, report u pon t he same, a nd Instruct 
special teachers and cla ss teachers in the 
teaching of their several branches. 


Methods of lenolil iiB:. Syllnbnses ot 
topics. 

Se c. 1,086. S ubject to regulations prescribed 
^ the b oard of superintendents, the prin- 
cipal of each school shall direct the met h-' 
ods of teaching in all classes under his 
cha r ge. The board of superintendents shall 
hav e the power, fr om time to time, to issue 
syllabuses o f the topics in the various 
branches taught, wh ich shall be regarded as 
the minimum amount of work required in 
such branches. 

Power to crcnte lociil s oiiooi board dls- 
trictw, presidents of tlic horouKhs to 
gpiioiiit xieiiiberN of the local wciioot 
i»onrdw; terniw . orcrniiigntlo n, etc., of 
local scliool bon rdii. 

Sec. 1 ,087. Prior to the fifteenth day of Feb- 
ruary, n inetee n hundred and two, the 
board of education shall divide the bor- 
oughs under its charge into forty-six lo- 
cal school board district s, of which twenty- 
two shall be wholly in the Borough of Man- 
hattan. fourteen wholly in the Borough of 
Brooklyn. fo ur wholly in the Borough of 

The Bronx, four wholly in the Borough of 

Queens and two wholly in the Borough of 
Richmond. The dlrstricts in each borough 
must be compact in form, and, as near as 
may be, of equal school attendance in the 
public schools therein. Subject to such con- 
ditions of equality of school attendance and 
that the districts sh all be compact in form, 
tho Boa rd of Education shall thereafter have 
power every five years, again to divid e the 
said boroughs into said n umber of districts 
making .rich changes in existing dist ricts as 
it de""is proper. Upon the division of the 
several boroughs into such districts and upon 
any rediv'sion thereof as above provided the 
board of education shall file maps of the 
same, duly authenticated by the secretary of 
the board, in the office of the mayor of The 
City of Mew York, and at the same time 
shall also file in the office of the president 
of each borough a duplicate similarly au- 
thenticated of the portion of said maps 
showing the division or redivision of such 
borough into such districts. There shall be in 
e.ich of said districts a local school board con- 
sisting of seven members as follows; Five 
persons to be appointed by the president of 
the borough, a membe r of the board of educa- 
tion designated by the president of that board 
as hereinafter provided, and the district su- 
perintendent assigned to duty in su^^h district 
by the city superintendent as hereinbefore 
provided. When the Board of Education, 
pursuant to the powers above conferred, shaii 
have divided any borou gh or boroughk 
into local school board districts, the presi- 
dents of the boroughs in which such 
districts are located respectively shall, w’ith- 
in thirty days thereafter, appoint in and for 
each of such districts five members of the 
local school board to hold ofiice respectively 
as may be designated in ih eir letters of ap- 
pointment. for one. two. three, four and five 
years from the first day of January next fol- 
lowing the date of their appointments. Up- 
on the expiration of their respective term s, 
such presidents shall appoint their success- 
sors for the full term of five years. Where 
boundaries of any of the lo cal school board 
districts shali be changed by a redivision of 
a borough or any part thereof, the board pI 


'iiO "THE CHARTER OE THE CITY OE NEW YORK. 


eiUication shall have power and it shall be 

% 

Duti«^K of looul IxiardM. 

has made a report thereon, (f) They shall 

its' duty to designate the new districts within 


have power, and it shall be their duty, to try 




which the local school boards appointed for 


charges made by a principal, a district su- 

districts affected by such redlvision shall 

and powers of the local school boards shall 

perintendent or by any parent or guardian of 

thereafter act. Such designation shall be 

be as follows: (a) In thalr respective dis- 

a pupil, residing in the district, against a 

made in such manner that the new district 

tricts, they shall visit at least once in every 

teacher employed within their respective drs- 

within which any local school board shall 

quarter, all the schools in the district, and 

tricts, for gross misconduct, insubordination. 

thereafter act, shall contain a portion of the 

inspect the same, in respect to punctual and 

neglect of duty or inefficiency. On receiving 

district for which such board was originally 

regular attendance of the pupils and teach* 

notice of said charges they shall immediately 

appointed. Within such new districts re- 

the studies, progress, order and discipline of 

proceed to try and determine the case and 

spectively the said local school boards shall 

the pupils, the cleanliness, safety, warming. 

shall fix the penalty or punishment to be 

have the same powers, duties and functions 

ventilation and comfort of school premises. 

imposed for the offense committed, which 

theretofore exercised by them within the 

and the observance of the provisions of the 

shall consist of a fine, suspension for a fixed 

districts for which they were originally ap- 

school laws in respect to the teaching of sec- 

time without pay, or dismissal. Their de- 

pointed; and they shall serve out as mem- 

tarian doctrines or the' use of sectarian 

termination upon such charges and the pen- 

bers of the local school board for such new 

books; and shall call the attention o! the 

alty or punishment imposed therefor shall 

districts the term of office for which they 


be reported immediately to the board of edu- 

■were appointed respectively. All members 

matter requiring official action. They shall 

cation, which may reject, confirm or modifv 

of local school boards shall serve without 

also on or before the first dav of January 

the determinations of the local board, and 

pay, and shall be residents of the districts 

and June of each year make a written re- 

the penalty or punishment imposed and the 

in and for which they are appointed, except 

port to the board of education in respect to 

decision of the board shall be final except 

that where local school boards are designated 


as to matters in relation to which under 

by the board of education to act in new dis- 

teachers and wants of the district, especially 

the general school laws of the state, an an- 

tricts created as aforesaid, it shall not be 

in regard to schools and school premises. 

peal may be taken to the state superintenden' 

necessary for the members thereof to be res- 

(b) They shall report immediately to the 

0^ pu^h^iM^u^tion. (g) They shall present 


board of education whenever additional ac- 

charges of any dereliction of dutv on the 

of their terms of office respectively. Any 

commodation is necessary for kindergarten 

part of janitors in their respective districts 

vacancy in any local school board caused by 

or elementary school purposes with a recom- 

and present proof to the board of edticatinn 

death, resignation or otherwise, shall be filled 

mendatiou of the sites within their respective 

(h) They shall procure the enforcement of 

for the unexpired term by the president of 

districts which they consider it necessary to 

the law and the by-laws of the board of 

the borough where such vacancy may occur. 


education relating to the sanitary condition 

Each local school board shall, within ten 

recomndend the erection of such buildings on 

of the schools and the health of the punils 


said sites or on any other property owned 

in their respective districts, (i) They shall 



have power to transfer teachers from school 

and two, and on the second Monday of Janu- 

or alterations of school buildings as they 

to school within their respective districts 


deem necessary or desirable. They shall from 

but only after hearing the principals of the 


time to time when additional school accom- 

schools affected by such transfers, and sub- 

and secretary. It shall meet as often as may 


ject to the approval of the board of siiner- 

be necessary for the efficient performance of 

education premises which are suitable and 

intendents, provided, however, that such 

once in each month excepting July and Au- 

may be hired for J.hat purpose, with the 

transters shall not involve promotion or in- 


terms upon which the same may be obtained; 

crease of salary, (j) They shall report to 


such report shall be accompanied by a 'cer- 

the board of education and to the board of 

board to be an ex officio member of one local 

tifleate from the borough president that .the 

superintendents all vacancies in the teach- 


premises so recommended comply with the 

ing force as soon as such vacancies ' shall 

member shall reside, and he shall serve as a 

law and ordinances in relation to buildings 

occur, (k) Each local school board shall have 


to be used for school purposes, (c) They 

.cower and it shall be its duty to adopt bv- 

term of one year or until the earlier expira- 

shall report immediately to the board of 

laws regulating the exercise of all powers 

tion of his term of office as a member of the 

education any dereliction of duty on the part 

and duties vested in it, which by-laws shall 

board of education. When a member of the 

of the superintendent of supplies, superin- 

not conflict with the by-laws of the board 

board of education shall cease for any cause 

tendent of school buildings, the city super- 

of Education or with the provisions of this 

to be a member of the local school board to 

intendent, or any of their deputies or assist- 

chapter. Each local school board shall keen 

which he is designated, the president of the 

ants or the employes in their respective de- 

a record of the proceedings of the meet- 

board of education shall designate his sue- 

partments, and they shall present to the 

ings of the board, which shall be open at 

cessor as above -provided. A member of the 

board of education all of the facts and clr- 

all times for inspection by the board of edu- 

board of education sitting as a member of a 

cumstances constituting such dereliction of 

cation or any member thereof. The board 

local school board shall have power to vote 

duty, (d) They shall have power to excuse 

of education shall from time to time pro- 

but shall not be eligible for election as the 

absences of teachers, within their respective 

vide for such expenses and furnish such cler- 

chairman or secretary of such board. The 

districts, subject, however, to the approval 

Icai assistance as may be neceEIssary for 

}liiyrict superintendent assigned to any local 

of the board of superintendents in cases where 

the proper performance by the local school 

suiiftol board district as herein provided shall 

teachers are excused with pay, and in ac- 

boards of the city of the • duties imposed 

have a seat in the local school board district 

cordance with by-laws of the board of edu- 

ut>on them by this act. The secretary of a 

for euch district and the right to speak on 

cation prescribing rules to govern all such 

local school board shall have charge of the 

all Clatters before the board. But he shall 

cases, (e) They shall try and determine all 

books, papers and documents of the board. 

not have the right to vote or be eligible for 

matters relating to discipline, corporal pun- 

He is hereby authorized to administer oath.s 

election as chairman or secretary of the 

ishment and other matters affecting the ad- 

and take affidavits in all matters pertain^ 

board. The powers, duties, and functions of 

ministration of the schools in their respective 

ing to the schools of The City of New 

the inspectors of common schools in office on 

districts arising upon the complaint of pu- 

York in his district, in which a local school 

the thirty-first day of December, nineteen 

pils, parents or guardians against teachers 

board has power to act and for that pur- 

hundred and one, shall continue until the 

or principals, and to impose such penalties 

pose shall possess all the powers of a com- 

fifteenth day of February, nineteen hundred 

as may be prescribed by the by-laws of the 

mlssioner of deeds, but shall not be en- 

and two, or until the earlier division of the 

board of education. But they shall not have 

titled to any fees or emoluments thereof. 

said boroughs into local school board dis- 

power to pass upon any such complaint 

The board of education shall provide meet- 

tricts as above provided when they shall 

against a teacher until after the matter has 

ing places for the local school boards, which 

cease and determine and the offices of said 

been referred to the principal of the school 

may be in any of the school buildings “in 

inspectors shall thereupon be abolished. j 

in which such teacher is employed, and he 

their respective districts. 


THE CHARTER OF THE CITY OF NEW YORK. 


121 


Hoard of examiners; teachers* licenses, 

etc. 

Sec. [1,081] 1,089. A board of examiners 
is hereby constituted whose duly it shall be 
to examine all applicants [requiring] who 
are required to be licensed in and for The 
City of Xew" York, and to issue to those who 
pass the required tests of character, scholar- 
ship and general fitness, such licenses as 
they are found entitled to receive. Such 
board of examiners shall consist of the 
city superintendent of schools, together with 
four persons appointed by the board of edu- 
cation upon the nomination of the city super- 
intendent. The terms of the first four ex- 
aminers so appointed shall be one. two, three 
and four years, respectively, and as their 
terms respectively expire, their successors 
shall be appointed for a full term of [four] 
six years, which shall thereafter be the full 
and regular term of office of said examiners. 
They shall be paid such compensation [for 
services actually rendered] as the board of 
education shall prescribe. The city superin- 
tendent of schools shall have power with th e 

consent or the boar d of education to em ploy 

assistants teninorarily at rates to be fixed 
by. the board o f educa tion , or to assign one 
^ mor e ^f the distric t superintendents, to 
aid said boar d of exam iners. To 
eligible to appointment as an exam- 
iner. an applicant must possess some one of 
the following qualifications, to wit: (a) A de- 
gree or diploma of graduation from a college 
or university recognized by the regents of 
the university of the state of New York, to- 
gether with at least five years’ successful ex- 
perience in teaching since graduation, (b) A 
state certificate obtained as the result of an 
examination held since 1875, together with at 
least ten years’ successful experience in teach- 
ing. (c) The highest certificate for a principal 
or superintendent in force when this act takes 
effect in any city included in the city of New 
York as constituted by this act, together with 
at least ten years’ successful experience In 
teaching. No [borough] associate city su- 
perintendent. [associate] district superin- 
tendent, principal or teacher in The City of 
New York shaii be allowed to serve on the 

board of examiners, except as herein other- | 

wise provided. [Each school board] Th^ 
board of education on the recommendation of 
thr’[ borough] board of superintendents shall 
designate, subiect to the requirements of the 
state school laws in force when this act takes 
effect or that may thereafter be enacted, the 
kinds or grades of licenses to teach which may 
or shall be used in The [borough or bor- 
oughs under its charge] City_of New York 
to<'etl er with th'* .academic and professional 
qualification required for each kind or grade 
of license, [and shall certify the same to 
the city superintendent of schools. Each 
school board] The board of education, on the 
recommendation of the [borough] board of 
superintendents, . shall also designate, sub- 
ject to the like limitations, [and shall cer- 
tify in like manner], the academical and 
professional qualifications required for serv- 
ice [in the boroughs under its charge] of 
principals, branch principals, supervisors, 
heads of departments, assistants and all other 
members of the teaching staff. [The 
board of education, on the recommenda- 
tion of the city superintendent, shall desig- 
nate, subject to the requirements of the state 
school laws in force when 'this act takes effect 
or that may thereafter be enacted, the mini- 
mum requirements to prevail throughout the 
city for all officers to be appointed to any 
supervising or teaching position under any 
school board.] The board of examiners shall 
hold such examinations as the city superin- 


tendent may prescribe, and shall prepare all 
necessary lists, which shall be kept in the 
office of the city superint endent of schools 
and be open to inspecti on by members of tlm 
board of educat ion, asso ciate city s uperin- 
tendents and district superinte ndents, and 
local scnooi boards. [The city superintendent 
shall transmit to each school board the eli- 
gible lists that are available for use within 
its jurisdiction.] All licenses shall be issued 
in the name of the city superintendent of 
schools [and shall state on their face in 
what borough or boroughs they are valid]. 
Giaduates of colleges and universities recog- 
nized by the regents of the university of the 
state of New’ York, who have pursued for 
not less than one year pedagogical co'urses 
[therein], satisfactory to the city sup erin- 
tendent; graduates of schools and colleges for 
the training of teachers, approved by the state 
superintendent of public instruction; and 
teachers holding a state certificate issued by I 
the state superintendent of public instruction 
since the year 1875, or holding a college grad- 
uate’s certificate issued by the same author- 
ity, or persons who on the first 
Fe bruar y . n in e l een hundred and two, shall 
be associate borough superintendents of 

schools in any borough of 'f he City of New 

York, may be exempted, in whole or in part, 
from such examination at the discretion of 
the city superintendent. The names of those 
to whom licenses have been granted, includ- 
ing those exempted from examination and 
those duly . licensed in the several boroughs 
prior to the date on which this act takes ef- 
fect, shall be entered by the city superintend- 
ent upon lists to be filed in his office, a sepa- 
rate list being made for each grade or kind 
of license tor which the board of education 
shall by its by-laws make provision; and such 
lists shall always be open to the inspection of 
the members of the board of education, the 
members of the local school boards, the [bor- 
ough] associate city superintendents, the 
[associate] district superintendents, [the in- 
spectors] and the principals of schools. Ex- 
cept as citv superintendent or associate city 
superinte^ent or district sunorl ntendent. as 
[supervisor or.] director of a special branch, 
as principal of or teacher in a training school 
or as principal of a high school, no person shall 
be appointed to any educational position whose 
name does not appear upon the proper eligible 
list. No person shall teach in any public 
school in the city who has not such license, ex- 
cept as herein otherwise provided, nor shall 
any unlicensed teacher have any claim for 
salary. Licenses to teach shall be issued by 
the city superintendent of schools for a peri- 
od of one year, which may be renewed without 
examination in case the work of the holder is 
satisfactory to the [borough] cit.v superin- 
tendent for two successive years. At the 
close of the third year of continuous, suc- 
cessful ervice, the city superintendent may 
make the license permanent. Authority to 
revoke any permanent license for cause shall 
be vested in the state superintendent of pub- 
lic instruction. 

llil.;l appoliilineiit anU resluaatloii of 

prineipalH and teachers. 

Sec. [1.108.] 1,090. [Principals shall be 
appointed by the school boards in their re- 
spective boroughs on the nomination of the 
board of borough superintendents.] Princi- 
pals, branch principals, [supervisors] heads 
of departments, teachers, assistants and all 
other members of the teaching staff, shall be 
appointed by the [school boards] board of 
education on the [like nomination] nomina - 
Uon of tile board of superintendents. Such 


nominations and appoint ments shall be made 
except in the case of high schools or train - 
ing schools for teachers, for the severa l loca l 
school board districts respectively an I when 
so made the princip als , branch principals, 
heads of depa rtments, teachers, assistants 
and all other membe rs of the teac hing staff 
shall be assigned to duty to such schools and 
to such pos itions in such sch ools, as the 
board of superintendents shall determine. 
Wher e practicable, teachers shall . be ap- 
pointed for districts in the bo roughs where 
they resid e. Teachers [shall] may. be. pro- 
moted or transferred from one school to any 
other sch ool w ithin the city [one class to 
another by the school board in accordance 
with its bylaws, on the nomination of the 
borough board of superintendents] by the 
board of superintenden ts subject to the ap- 
proval of t he board of education; provided, 
however, that a te a cher shall not be trans- 
ferred from a school in one borough to a 
scho ol in another borough without his or her 
consent. For all purposes affecting the ap- 
pointment, promotion or transfer of the 
teachers in any school, the principal of such 
school and. in the case of t ransfer, the prin- 
cipal rf the school to which it is proposed 
to transfer a teacher, shall have [a] seats 
in the [borough] board of superintendents. 
With [a] votes on [ail] such propositions, 
[affecting the school.] The provisions of 
this section s hall not be held to affect or im- 
pair the power of the several local school 
boards to transfer teachers from school to 
school within the ir respective districts 
as hereinbefore provided. [The system 
or mode of nomination, in this section 
provided for, shall not be held to de- 
prive any school board that has been a board 
of education, of the right to appoint, to pro- 
mote and to transfer principals, teachers and 
other members of the teaching staff without 
such nomination, in any borough in which, at 
the time this act takes effect, said board of 
education enjoys such right of appointment 
without nomination by superintendents, 
until the same shall have been adopted by 
the school board of such borough.] The 
nominations [thus] provided for above must 
be made from the list of properly certified 
principals and teachers and other persons 
eligible for service in the [schools of the bor- 
ough in the] positions to be filled, in the 
regula r order o f the standing of the can- 
didates on said lists, provided, however, that 
the board of superintendents may consider 
for each appointment the three persons whose 
names are highest on tae appropria te eligible 
list. The time within which said board of 
education [school board] shall finally act 
upon s.aid nominaOons, either by appointing 
such principal or teacher or other officer or 
by rejecting such nominal ions, is hereby fixed 
at forty days trom [the date of the first regu- 
lar meeting of the school board next after] 
the filing of such recommendation in the 
I office of the secretary of the board. The 
failure on the part of [a school board] the 
board of education to confirm or to reject a 
nomination within the time prescribed herein 
shall be held as equivalent to the appoint- 
ment of the principal or teacher nominated. 
In case of a failure or of repeated failures 
to appoint, other names shall be submitted 
to the board of education [school board] 
for its consideration within two weeks after 
each failure, until an appointment is made. 
In case of the consolidation of schools or 
of the discontinuance of any school, principals 


122 


THE CHARTER OF THE CITY OF NEW YORK. 


and teachers of good standing, who thereby 


may be 

deprived of employment. 

shall 

be 

preferred 

in appointments to be 

made 

in 


an y of the schools of the city. [Resignations 
of borough superintendents and of associate 
superintendents shall be made to the school 
beard.] Resignations of principals and 
teachers, and of all ether members of the 
teaching staff, shall be made to the [bor- 
ough] city superintendent. 

[Board of ednoutlousl Poner to fix sal- 
aries [; uiethods, rcBalatorj. 

Sec. 1,091. Aft er the first day of January, 
nineteen hundred and two, the board of [ed- 
ucation] alderme n on the recommendation 
of the the board of estimate and a pportlon- 
ment shall [have power to adopt by-laws] 
fix [ing] the salaries of [the borough and 
associate superintendents and] all members 
of the supervising and the teaching staff; 
and the salaries of all principals and teachers 
shall be regulated by merit, grade of class 
taught, length of service, experience in 
teaching, or by [such] a combination of 
these considerations, [as said board may 
deem proper.] Said sal aries need not be uni- 
form throughout the several boroughs, nor in 
any two of the m, nor throughout any one 
borough. The salaries fixed and established 
and du ly payable to members of the supervls- 
ing and teaching staf f on the 31st day of De- 
cember, 18&9, ohall be and remain, after the 
1st day of July. 1901, the salaries of said 
supervising and teaching staff, unless on or 
before the said let day of July, 1901, the then 
existing Board o f Estimate and Appor tlon- 
ment shall adopt new schedulee of salaries, 
and said Board of Estimate and Apportion- 
ment is expressly empowered to adopt such 
new schedules. On or before June 15. 1901. 
the Boar d of Education shall submit to the 
said Board of Estimate and Apportionment 
such schedules of salaries as in its judg- 
ment should be adopted: but nothing herein 
contained sh all be held to limit the dis ci'e- 
tion of the Board of E'5timate and Apportion- 
ment in regard thereto. Until the said 1st 
day of July, nineteen hundred and one, the 
salaries now payable by law shall con- 
tinue to be payable. Such bylaws shall 
establish a uniform schedule of salaries for 
the supervising and the teaching staff 
throughout all boroughs, which schedule 
shall provide for an equal annual increment 
of salary of such an amount, that no kinder- 
gartner, or female teacher of a girls’ class 
other than those teaching. grades of the last 
two years in the elementary schools shall, 
after sixteen years of service in said 
schools, receive less than twelve hundred 
and forty dollars per annum; and no female 
teacher of a girls’ class of the grades of the 
last two years in said schools shall, after 
fifteen years of service in said schools, re- 
ceive less than thirteen hundred and twenty 
dollars per annum; and no female teacher of 
a girls’ graduating class, female first assist- 
ant, or female vice principal, shall, after ten 
years of service in said schools, receive less 
than fourteen hundred and forty dollars per 
annum; and no female teacher of a boys’ or 
a mixed class shall receive less than sixty 
dollars per annum more than a female teacher 
of a girls’ class of corresponding grade and 
of years of service; and no female teacher 
in said elementary schools shall receive less 
than six hundred dollars per annum, nor 
shall the annual increment for any female 
teacher therein be less than forty dollars; 
•Bd no male teacher of a class of the grades 


of the last two years in said schools shall, 
after twelve years of service in said schools 
receive less than twenty-one hundred and 
sixty dollars per annum; and no male teacher 
of a graduating class, male first assistant or 
male vice principal shall, after ten years of 
service in said schools, receive less than 
twenty-four hundred dollars per annum; and 
no male teacher In said elementary schools 
shall receive less than nine hundred dollars 
per annum; nor shall the annual increment 
for any male teacher therein be less than 
one hundred and five dollars; that no female 
head of department or female assistant to 
the principal in said schools shall receive 
less than sixteen hundred dollars per an- 
num after ten years of service; and no male 
head of department or male assistant to the 
principal in said schools shall receive less 
than twenty-four hundred dollars per annum 
after ten years of service; that in high 
schools and training schools for teachers no 
female junior or substitute teacher, female 
laboratory or library assistant or female 
clerk shall receive less than seven hundred 
dollars per annum, nor after six years of 
service as such, less than one thousand dol- 
lars per annum; no female model teacher 
shall receive less than one thousand 
dollars per annum, nor after five years 
of service as such, less than fifteen 
hundred dollars per annum; no female 
regular teacher in said schools shall re- 
ceive less than eleven hundred dollars 
per annum, nor after ten years of service 
as such, less than nineteen hundred dollars 
per annum; no female head teacher, female 
assistant to the principal, female first assist- 
ant or female vice principal in said schools 
shall receive less than two thousand dollars 
per annum, nor after five years of service as 
such, less than twenty-five hundred dol- 
lars per annum; no male junior or 
substitute teacher, male laboratory or 
library assistant or male clerk shall 
receive less than nine hundred dollars 
per annum, nor after six years of 
service as such, less than twelve hundred 
dollars per annum; no male regular teacher 
in said schools shall receive less than thir- 
teen hundred dollars per annum, nor after 
ten years of service as such, less than twen- 
ty-four hundred dollars per annum; no male 
head teacher, male assistant to the principal, 
male first assistant or male vice principal in 
said schools shall receive less than twenty- 
five hundred dollars per annum, nor after 
five years of service as such, less than three 
thousand dollars per annum; nor shall any of 
said persons ^erein receive a salary less 
than that to'''CTiich by reason of experience, 
such person would be entitled as a teacher 
of the aforesaid elementary schools; provid- 
ed, however, that none of the aforesaid mem- 
bers of the supervising and the teaching staff 
of any of the elementary schools shall re- 
ceive a salary greater than that fixed for 
the seventh year of service unless and until 
the service of any such member shall have 
been approved after inspection and investiga- 
tion as fit and meritorious by a majority of 
the board of superintendents of the borough 
in which he or she is employed; that none of 
the aforesaid members of the supervising and 
the teaching staff of any of the elementary 
schools shall receive a salary greater than 
that fixed for the twelfth year of service 
unless and until the service of any such 
member shall have been approved after in- 
spection and investigation as fit and meri- 
torious by a majority of the board of superin- 
tendents of the borough in which he or she 
is employed: that none of the aforesaid 
members of the supervising and the teaching 


staff of any of the high or training schools 
shall receive a salary greater than that fixed 
for the fourth year of service unless and un- 
til the service of any such member shall 
have been approved after inspection and in- 
vestigation as fit and meritorious by a ma- 
jority of the board of superintendents of the 
borough in which he or she is employed; 
and that none of the aforesaid members of 
the supervising and the teaching staff of any 
of the high or training schools shall receive 
a salary greater than that fixed for the ninth 
year of service unless and until the service 
of any such members shall have been ap- 
proved after inspection and investigation as 
fit and meritorious by a majority of the board 
of superintendents of the borough in whicn 
he or she is employed; and the respective 
boards of superintendents of the boroughs 
shall approve or disapprove the service of 
the aforesaid members of the supervising and 
the teaching staff in their respective bor- 
oughs within forty days before the date on 
which said members shall, respectively, be- 
come eligible to the increases of salaries con- 
ditioned upon the approval of said service. 
For the purposes affecting such increases of 
salaries of said persons In any schools the 
principal of such school shall have a seat in 
the borough board of superintendents with 
a vote on such fitness and merit; that no fe- 
maie branch principal or female principal of 
an elementary school having not less than 
twelve classes shall receive less than twenty- 
five hundred dollars per annum after ten 
years of service as such in said schools; and 
no male branch principal or male principal 
of an elementary or a high school having not 
less than twelve classes shall receive less 
than thirty-five hundred dollars per annum 
after ten years of service as such in said 
schools: and a principal of said schools shall 
receive an equal annual increment of two 
hundred and fifty doilars; provided, however, 
that the service of such principal or branch 
principal shall have been approved after in- 
spection and investigation as fit and meri- 
torious by a majority of the board of superin- 
tendents of the borough in which he or she 
is employed; and no principal of a high 
school or training school for teachers having 
supervision of not less than twenty-five 
teachers therein shall receive less than five 
thousand dollars per annum. The board of 
examiners shall issue to a principai or 
teacher who has had experience in schools 
other than the schools of the City of New 
York, or in any part thereof previous to the 
enactment of the Greater New York charter, 
a certificate stating that the experience of 
such teacher is equivalent to a certain num- 
ber of years of experience in the schools 
of the said city. The board of exa.m- 
Incrs shall issue to a principal or teacher 
who has had experience in schools other than 
the high and training schools of the City of 
New York, or in any part thereof previous 
to the enactment of the Greater New York 
charter, a certificate stating that the expe- 
rience of such teacher is equivalent to a 
certain number of years of experience in the 
high and training schools of the said city. 
Such certificates made by the board of exam- 
iners shall be final and conclusive ■ on all 
matters pertaining to experience therein 
stated and shall entitle their holders to sal- 
aries in accordance with the schedule of 
salaries established in conformity with this 
section, in like manner as though the years 
mentioned in such certificates had been 
served in those schools of the City of New 
York that are respectively mentioned in such 
certificates.. No salary now paid to any 
member of the supervising and teaching staff 


THE CIIAin’Kll 01' THE fi’l i OF NEW YORK. 


123 


of any of the public schools in the City of 
New York shall be reduced by the operation 
of this section and the aforesaid equal an- 
nual increment for each class or grade of the 
supervising and the teaching staff of said 
public schools shall be uniform throushouc 
each class or grade, and each of said persons 
shall at once receive all the emolument in 
accordance with the above schedule of mini- 
mum salaries to which said person is entitled 
ly reason of merit, of experience and of 
grade of class taught. The Board of Esti- 
mate and .Apportionment is hereby author- 
ized and required to transfer to the general 
school fund, in addition to any other appro- 
priation which may be available therefor a 
sufficient sum of money from any of the un- 
expended balances of any appropriations for 
any of the departments of the City of Nev,- 
York, to provide the necessary funds for car- 
rying into effect the provisions of this sec- 
tion, including such schedule of salaries for 
the day and evening schools as the Board of 
Education shall by its bylaws establish, for 
the calendar year nineteen hundred. In case 
such unexpended balances shall not be suffi- 
cient for such purpose the Board of Estimate 
and Ai,portionmcut is hereby authorized and 
required to direct the issue of revenue bondr 
sufficient to provide for any deficiency of 
funds that shall still exist, in order to carry 
into effect all the foregoing and following 
provisions of this section for the calendar 
year nineteen hundred. All members of the 
supervising and the leaching staff shall be 
entitled to and shall receive pay for the cal- 
endar year nineteen hundred in conformity 
with the provisions of this section precisely 
as though the scclicn had been in effect on 
the first day of January, nineteen hundred, 
and, for such purrose, this section is hereby 
declared to be and shall be retroactive to and 
including the first day of January, nineteen 
hundred. The words “the supervising and 
the teaching staff” as used in this section 
shall not be deemed to include borough and 
associate superintendents.] 


fitourtl of oduciitioii] I’liblic cccliool 

teaeliers’ retirement fund. 

See. [1.08J.] 1,092. The hoard of educa- 
tion is hereby given the general care and 
management cT the public school teachers’ 
retirement fund created [by this act] for 
the fermer city of New York by c hapte r 
two hunderd a nd ninety-six of the laws of 
eighteen hunared and ninety-four, and of the 
public school teachers' retire ment f u nd cre- 
ated tor the former city of Brooklyn by c hap- 
fer six hundred and fifty-six of the la ws of 
^hteen hunared and ninety-five, a nd s aid 
funds are hereby made parts of t he r etire- 
ment fund of the board of education of The 
City of New York, created by this act. 
The controller of The City of New York 
shall hold [any] and invest all tccney be- 
longing to said fund, and by the direction 
of said board of education s^all pay out the 
same. The board of education shall have 
enarg^of and administer said [public school 
teachers’] retirement fund as It shall deem 
most beneficial to said fund [and is empow- 
ered to make all necessary contracts and 
take all necessary and proper action and pro- 
ceedings In the premises] and [to] slmll 
make payments from said fund of annuities 
granted in pursuance of this act. [and] 
Said board shall, from time to time, estab- 
lish such rules and regulations for the ad- 
ministration of said fund as it may deem best; 
which rules and regulations shall [careful- 
ly] preserve all rights inhering In the teach- 
ers of The City of New York and the cUy 


of Brooklyn as constituted prior to the pas- 
sage of this act. [And the controller of The 
City of New York shall report in detail to 
board of education of The City of New York, 
annually, in the month of January, the con- 
ditions of said fund, and the items of the 
receipts and disbursements on account of the 
same.] The [public school teachers’] said 
retirement fund [herein provided tor] shall 
consist of the foUov.'lng, with the interest 
and income thereof; (1) .All money, pay, com- 
pensation or salary, or any part thereof, for- 
feited, deducted, reserved or withheld from 
any teacher or teachers in the public schools 
of The City of New York [for and on account 
of absence from duty] for any cause in pur- 
suance of rules established o r to be estab- 
lished by the board of education. The secre- 
tary of the board of education shall certify 
monthly to the controller the amounts so 
forfeited, deducted, reserved or withheld, 
from the salaries of teachers during the pre- 
ceding month. (2) .All moneys received 
from donations, legacies, gifts, bequests, 
or otherwise, for and on account of 
said fund. [(3) Five per centum au- 
uually of all excise moneys or license fees be- 
longing to the city of New York, as constl- | 
luted by this act. and derived or received by | 
any commissioner of excise or public office , | 
from the granting of licenses or permission to , 
sell strong or spirituous liquors, ale. wine or | 
beer in the city of New A'ork, under the pro- j 
visions cf any law of lh;s state authoriz.ng ] 
the granting of any such licenses or permis- 
sion. The controller of the city of New York 
shall hold such moneys, together with any 
other moneys belonging to said fund, and by 
direction of the said board of education shall 
have charge of and administer the same as 
hereinbefore in this section provided. (4)] (3) 
All such other methods of increment as 
may he duly and legally devised for the in- 
crerease of said fund. (4) Such an amount 
! not exceeding one hundred t housa nd dollars 
as may be required to bring the surplus in 
^^■jTftTnd up to one hundred thousand dollars 
and as may he provided for in the annual j 
budget by thtTboaM o f estim at e a nd appo r- • 
( ionment and the boar d _of _ j 

and after the passage of this act the board of 
education shall, by amending its bylaws 
relating to the excuse of absence of teach- 
ers with pay, so provide that the aggre- 
gate of the several sums deducted or forfeited 
on account of absence from duty shall be fully 
adequate to meet the demands made upon the 
public school teachers’ retirement fund from 
the payment of annuities as herelu provided. 
Said beard of education shall have power, by 
a two-thirds vote of all its members, and af- 
ter a recommendation to that effect shall 
have been made by the city superintendent of 
schools, stating that the teacher is mentally 
or physically incapacitated foi the perform- 
ance of duty, to retire any female teacher of 
the public schools, including special teachers 
in the same, who shall hav^ taught therein 
during a period aggregating thirty years, 
twenty of which have been In the public 
schools of The C ity of New York , and to re- 
tire any male teacher of said schools who 
shall have taught therein during a period 
aggregating thirty-five years. [The board 
of education may, also, in its discretion, re- 
tire such teachers upon their own application, 
after the like period of service.] And the 
board of educ ation may retire from active 
service every member o f the teaching staff 
who shall have atuined the age of sixty-five 
years and shall have been engaged in the 
Vork of teaching for a period aggregating 


thirty years in th e case of female teachers 
and thirty-five In the case of male teacher s, 
twenty of which shall have bee n in the pub- 
lic schools of The City of New York. Any 
teacher or principal so retired shall there- 
after be entitled to receive as an annuity 
one-half the annual salary paid to said teach- 
er cr principal at the date of said retirement, 
not to exceed, however, in any case the sum 
of one thousand dollars per annum. A ny s ur- 
plus in the retirement fund ove r and above 
one hundred thousand dollars shall be trans- 
ferred into the general fund f or the reduction 
of taxation. [The said board is here- 
by given the power to use both prin- 
cipal and the income of said fund, and 
to manage, accumulate and otherwise control 
t'ne same as said board shall provide by its 
bylaws, and to pay the annuities hereinbefore 
mentioned, and it shall have power, from time 
to time, to reduce the amount of annuities of 
all beneficiaries of said fund, provided only 
that such reduction shall be at the same rate 
per centum. None of the provisions of this 
section shall apply, however, to any teacher 
in any school in the Borough of Brooklyn, 
who is entitled to any benefit under the fund 
mentioned in section eleven hundred and 
nineteen of this act until after his removal 
from said borough, except that the five per 
centum of the excise moneys herein provided 
to be raid into said teachers’ retirement fund 
shall be apportioned by the board of education 
among the several boroughs of the city of 
New York, as now constituted, in proportion 
to the number of teachers actually employed 
and the amount of salaries paid to them, in 
each of said boroughs. AYhen a teacher ia 
transferred to the Borough of Brooklyn, a 
sum equal to one per centum of the amount 
paid to such teacher during said teacher’a 
service in the city of New A'ork as consti- 
tuted prior to the passage of this act, since 
the date on which the public school teachers’ 
retirement fund of Brooklyn was created, 
shall be paid into the said Brooklyn retire- 
ment fund and inure to the teacher’s benefit 
in that fund under the rules governing the 
same.] 

Clinrgres usniiiMt prineiiial and teach- 
ers and others; iiroccedius's thereon. 

Sec. [1,114.] 1,093. A [member of a] local 
school board o r any me mber th ereof, the 
city superintendent, an [borough] associat* 
city superintendent or a district^ [an asso- 
ciate] superintendent, may prefer charges 
to the [school board] board of Education 
against a principal, a branch principal, a 
[supervisor,] director, a head of department, 
or any other officer exercising supervising 
powers in the schools under their charge, or 
against a teacher in any of the schools under 
their charge, for gross misconduct, insubor- 
dination, neglect of duty or general ineffi- 
ciency. Pending trial, the [school board] 
board of education may suspend said princi- 
pal or teacher or other officer, with or with- 
out pay. and appoint a substitute in his 
place. In accordance w'ith bylaws to be 
passed by the [school board] board of e du- 
cation, a distric^ superintendent [the prin- 
cipal of any school] shall have the like power 
to suspend a teacher in [his] a school withi n 
his district, and shall forthwith report such 
Bus^ii^ion to the ^Hy [borough] superin- 
tendent, who shall immediately report it to 
the board of education [school board]. Pend- 
ing action by the [school board, the borough] 
boar d of education, the city superintendent 
may appoint a substitute in the place of any 
teacher so suspended. The [school boardj 


124 


THE CHARTER OF THE CITY OF NEW YORK. 


board of ^ucation, on receiving notice of 
charges under the provisions of either of the 
foregoing paragraphs, ehail immediately pro- 
ceed to try and determine the case, either in 
the boara or by a committee of its body, and 
shall fix the fine, penalty, or punishment, it 
any, that should be impcswl for the offense; 
and such fine, penalty or punishment shall 
cohsist of a fine, in suspension for a fixed 
lime without pay, or in dismissal; provided, 
howe v er, tha t a vote of a majority of all the 
members of th e board of education shall 
be necessary to impose the penalty 
of dismissal. The report of any com- 
mittee iTolding such trial shall be sub- 
ject to final action by the board, which 
may reject, confirm, or modify the conclu- 
sions of the committee, and the decision of 
the board shall be final, except as to matters 
in relation to which, under the general school 
laws of tho state, an appeal may be taken 
to the state superintendent of public instruc- 
tion. In case the principal or other officer 
or teacher is acquitted, he shall be restored 
to bis position with full j>ay for the period 
of suspension. In all trials authorized by 
tbis chapter, all testimony taken shall be un- 
der oath, which the president of the board 
of education, chairman of a local school board 
or chairman oif the committee conducting the 
trial is hereby authorized to administer, and 
the supreme court shall have power, upon the 
application, of such president or chairman, to 
compel any witness who may be summoned, 
to appear and testify before said board of 
education, local school board or committee. 

Lid.;] Annual report to .state Muprlnten- 

dent of pnblle instruction. 

Sec. [1,084.] 1. 094. The bo.arcl of educa- 
tion, shall between the first day of 
August and the thirtieth day of Sep- 
tember in each year make and trans- 
mit to the state superintendent of pub- 
lic instruction a report in writing for the 
state school year ending on the next preced- 
ing 31st day of July, which report shall be 
in such form and shall .state such facts as 
the state superintendent and the school laws 
of the state shall require. 

[Id.;] Animal report to mayor; other 

reports to mayor. 

Sec. [1,085.] 1,095. The board of education 
shall, between the first day of August and 
the- thirtieth day of November in each year, 
make and transmit to the mayor of The City 
of New York a report in writing, bearing date 
on, and for the y ear ending with the thirty- 
first day of July next preceding, [stating the 
whole number of schools within their juris- 
diction, specialty designating the schools for 
colored children; the schools or societies from 
which reports shall have been made to the 
board of educaticii, within tho time limited 
for that purpose; the length of time such 
school shall have been kept open; the amount 
of public money apportioned or appropriated 
to said school or society, the number taught 
in each school, the whole amount of money 
drawn from the city chamberlain for the pur- 
poses of public education during the year 
ending at the date of their report, distin- 
guishing the amount received from the gen- 
eral fund of tho state and from all other 
sources; the manner in whicn such moneys 
shall have been expended; and such other 
information as the mayor may from time to 
time require in relation to common school 
education in the city of New York. The 
board of education shall make such other re- 
ports to the mayor as he may call for, and 
at such times as he shall require.] stating 
the whole number of schools under its juris- 
(iiction during the said year, egiding on the 


thirty-first day of July: the n umber of teach- 
ers; the total number of pup ils on register, 
and the average attendance at each school; 
the number of high schools a nd training 
schools for teachers and th e attendance of 
pupils a t each; the corporate schools or so- 
cietie s fr om which reports hav e been made, 
as elsewhere prescribed in this act, the 
length of time such schools h ave been kept 
open, and the nu mber of teachers and of 
pupils taught in each such school. The board 
of education shall also between the first day 
of January and the fiReenth day of February 
in each year make and transmit to the mayor 
of The City of New Y ork another report 
bearing date the thirty-first day of Decem- 
ber next preceding stating the t otal amo unt 
of money expended for the purposes of public 
education in sa id city during the year ending 
on said thirty-first day of December. The 
board of education shall also make in either 
of said reports such suggestions and recom- 
mendations relative to the public schools of 
The City of New York as it may deem pr oper. 

I(ciiiovul!i l»y mayor after licarliig; for 

iira'lrct or iniMcoiKl net. 

Sec. [1,087.] 1.096. .\ny member of the 

board of education, or of a [borough] local 
school board, [or any inspector of common 
schools in The City of New York,] may be 
removed by the mayor of said city, upon proof 
either of official misconduct in office, or negli- 
gence of official duty, or of conduct in any 
manner connected with his official duties, or 
otherwise, which tends to discredit his of- 
fice, or the school system, or for mental or 
physical inability to perform his duties [as 
fnember or inspector] but before such re- 
moval of said member [or inspector] he 
shall receive due and timely notice in writing 
of the charges and a copy thereof, and shall 
be entitled to a hearing on like notice before 
the mayor, and to the assistance of counsel 
on said hearing. 

[School hoards In horoiiffhs] The Itoarrt 

of ediieatloii to cause aeeuiiiitit uiiil 

rceor(l.s to he made and kept. 

Sec. [1,099] 1.097. [The school board 

shall cause to be kept, in conformity 
with the bylaws of the board of edu- 
cation, accurate accounts of all moneys 
received and paid for on account of 
the schools in its borough, and it shall not 
be lawful to expend any money received 
from one of the school funds for purposes pro- 
vided for in the other school fund, but all ex- 
penditures must be made conformable to the 
purposes for which said funds were levied, col- 
lected, apportioned and distributed, and said 
board shall cause a statement to be entered 
in .said accounts in conformity with said by- 
laws, of the movable property belonging to 
each school.] The board of education shall 
provide the proper book or books, in form 
as required by [said] bylaws, and shall 
cause the class teachers under the direction 
and supervision of the principal [teacher of 
each school and department] to enter the 
names, ages and residences of the scholars 
attending the school, the name of the parent 
or guardian of each pupil and the days on 
which the scholars shall have attended re- 
spectively, and the aggregate attendance of 
each scholar during the year, and also the 
day upon which the school shall have been 
visited by the city superintendent or by an 
associate city superintendent or by the [bor- 
ough] district superintendent, [or by asso- 
ciate superintendents] or by members of the 
board of education, or by members of the 


local school board, [or by the inspectors of 
schools, if such there be in the borough.] 
or by any of them, which entry shall be veri- 
fied by such oath or affirmation of the prin- 
cipal [teacher in such school or department] 
as may be prescribed by the board of edu- 
cation. [The school board] These book s 
shall be [shall preserve these books] Re- 
served as the property of the school, and 
[such books] shall at all times be open 
to access by members of the board of educa- 
tion. by members of the ^ocR_school boards 
and by the city superintendent, or ' by any 
[borough] associate superintendent or [as- 
sociate] the district superintendents [or any 
inspector of schools, if such there be in the 
borough. ] 

[III.;] School olHccrs not to he lutereat- 

e«l In contracts; removal of. 

Sec. [1,082] 1,098. ' The board of • ed- 

ucation shall have power to remove from 
office any school ■ officer who shall have 
been directly or indirectly interested in 
the furnishing of any supplies or ma- 
terials, or in the doing of any work or la- 
bor, or in the sale or leasing of any real estate 
or in any proposal, agreement or con'tract for 
any of these purposes, in any case in which 
the price cr considaration is to be paid, in 
whole cr in part, directly or indirectly, out of 
any school moneys, cir who stiall tiave received 
from any source whatever any commission or 
compensation in connection with any of the 
matters aforesaid; and ary school officer who 
shall violate the preceding provisions of ttis 
section shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be 
punished by a fine not exceeding one thousand 
dollar-s or imprisonment in the city prison not 
exceeding one year, or both, and shall also be 
ineligible- to. any school office. The provisions 
of this section .stiali not apply to au'chors ct 
school books used in any of the public schools 
because of any interest they may have as 
authors in such books. 

f oatrlliiit ions <o nolttie al famls. etc.. 

rirolillilteil. 

Sec. 1, 099. Ne ither the city superintendent 
of schools, no r any associate or district, su- 
perintendent, nor any member of the -board 
of examiners, nor any member ot the super- 
vising or teaching s t aff of the department of 
educ ati on of The City of New York, shall he 
permitted to contrib ute any moneys, directly 
or indirectly, to a ny political fund, or to join 
or be o r become a member of any club or 
assoc i ation inte n ded , to a ffect or engaged in 
affecting legislation increasing their emo- 
luments. 

Powers of investigratioii. 

Sec. [1,115] The board ^of education 

[or any school board] may investigate, of 
its own motion or otherwise, either in the 
board or by a committee ot its own body, any 
subject of which it has cognizance or over 
which it has legal control, including the con- 
duct of any of its members or employes or 
Uiose ot any local school board: and for the 
purpcoe of such investigation, such board or 
its president, cr committee and its chairman, 
shall have and may exercise all the powers 
which [a school board] the board of ednea- 
tJR has or may exercise in the case of a trial 
under section [eleven hundred and fourteen] 
on e thousand and nin ety-three of. this act. 
Any action or determination of a committee 
appointed under the provisions of this sec- 
tion shall be subject to approval or reversal 
b_^ the board [appointing it,] which may 


THE OHAllTEIt OF THE CITY OF NEW YORK. 


125 


also modify the determination of the com- 
mittee in such way the the board shall deem 
proper and just, and the judgment of the 
board thereon shall be final. 

Contiiiaatloii in office of all emitloye.s 
iinder tlie public scliool systeiii iof 
any part of the territory coaNoli- 
«lntedj. 

Sec. [1,117.] ClOl. [■■Ml superintendents, 
assistant or associate superintendents,] Ex- 
ccpt as herein o therwise provided, the city 
superintendent, the members of the board of 
exa miners, . the su pervisors (under the title 
of directors ), the directors, and all principals, 
teachers and other members of the educa- 
tional staff in the public school system of any 
part of The City of New York,, and all school 
office rs or other employes appointe d by the 
bo ard of edu cation before this act takes ef- 
fect, including t he secretary of the board, 
the city superintend ent of schools, the su- 
pcrlntendent of school buildings, the super- 
intendent of school supp lies, the auditors, and 
all deputies, clerks a nd other employes in 
t heir respective offices [as constituted by 
this act], shall continue to hold their re- 
spective positions and to be entitled to such 
compensation as Is now provided or may 
hereafter be provided by the lawful authority 
[various school boards.] subject to [the 
limitations of this act and to] reassignment 
or to renewal for cause, as may be provided 
by law, and to the right of the said board to 
abolish unnecessary positions. The secre- 
taries, clerical force and employes of the 
several borough school boards abo lished by 
this act shall be a ssigned by the board of 
education, and the clerical force and the 
employes of the several borough superintend- 
ents and boards of borough superintendents 
also abolished by this act shall be assigned 
by the board of superintendents, to positions 
and duties corresponding as nearly as may 
be to their respective positions and duties be- 
fore this act takes effect without prejudice 
or advantage, provided, however, that noth- 
ing herein contained shall be construed to 
repeal, limit, modify or abridge any provis- 
ions of law or civil serv ice regulations rela- 
tive to the removal of subordinates by public 
officers or heads of departments, or to affect 
the right of adding t o the duties or reducing 
the salary of any secretary, clerk or em- 
ploye and abolishing unne cessar y positions. 
[And all licenses to teach or certifi- 
cates of qualifications for teaching grant- 
ed by the superintendent of public jn- j 
struction of the city of Brooklyn or by 
said city of Brooklyn, prior to February first, 
eighteen hundred and ninety-eight, or recog- 
nized by the board of education of said city 
of Brooklyn, or the state superintendent of 
public instruction as in force at that date in 
said city, shall, unless revoked for cause by 
the state superintendent of public instruction, 
be recognized by the city superintendent of 
sdhools, and the board of examiners of the 
city of New York, as in full force and shall 
entitle the holders to appointment or pro- 
tnotion to any position to which they were 
respectfully eligible by the possession of such 
licenses or certificates. On the first day of 
February, eighteen hundred and ninety-eight, 
r.he city superintendent of schools in the city 
of New York as constituted prior to the pas- 
sage of this act. shall be and become the su- 
perintendent of schools of the boroughs of 
Manhattan and the Bronx; and the assistant 
superintendents of the city of New York as 
then constituted, liuall be and become asso- i 


date superintendents o' the boroughs of Man- 
hattan and the Bronx; the superintendent of 
public instruction of the city of Brooklyn as 
constituted prior to the passage of this act, 
shall be and became the superinteudent of 
schools of iUe borough of Brooklyn; and the 
associate superintendents of the city of 
Brooklyn, as then constituted, shall become 
associate superintendents of the borough of 
Brooklyn. The duties of all these officers, oa 
and after February first, eighteen hundred 
and ninety-eight, shall be entirely defined and 
limited by the provisions of this act.] All 
persons heretofore transferred [by this sec- 
tion] under the provisions of this chapter 
as originally enacted to the service of the 
consolidated city who hold office for definite 
terms, shall be deemed to have been trans- 
ferred for the remainder of their respective 
terms only. 

Scliool money a|i]>ri>|)riiitioii l>y Hit 

xtule to file jiulilie neiiools of the cKy. 

Sec. [1,118.] 1,102. Whenever the city clerk 
shall receive notlve from the state super- 
intendent of public instruction of the amount 
of moneys apportioned to The City of New 
York for the support and encouragement of' 
common schools therein, he shall immediate- 
ly lay the same before the [municipal as- 
sembly] board of aldermen of said city; and 
the chamberlain of the said city shall apply 
for and receive the school moneys appor- 
tioned to the said city as soon as the same 
become payable, and place the same in the 
city treasury, to t he credit o f the general 
fund for the reduction of taxation. 


TITLE 2. 

THE COLLEGE OF THE CTTV OF NEW 
YORK. 

Til coiitiniie as a .sciiarato coriioratlon. 

Sec. 1,127. The College of the City of New 
York shall continue to be a separata and dis- 
tinct organization and body carporate, and a? 
such shall have the powers and privileges of j 
a college, pursuant to the revised statute: of j 
this state, and be subject to the provisions of j 
the said statutes relative to colleges, and to 
the visitation of regents of the university, in 
like manner with the other colleges of the 
state. 

Trimlee* of ooIIcko of City of \»‘iv 

York; iiiimlioi', :i|>|ioiiitiiieiil. 

Sec. 1,128. The board of trustees of said 
college on and after the first day of .July, 
nineteen hundred shall consist of nine resi- 
dents of the city to he appointed as herein- 
after provided, of ;.hc president of the board 
of education ex officio and of the president of 
said college ex officio. Provided, however, 
that after the president of said college iiov,' 
in office vacates the same, his successor shall 
not be a member of said board of trustees. 
Except as herein otherwise provided, the s.tid 
board shall have and possess the powers 
conferred upon and be subject to tbe duties 
required cf the trustees of colleges by the 
university law. The mayor of The City of 
New York shall appoint before the first day 
of June, nineteen hundred, nine persons to 
serve as such trustees, to hold office respec- 
tively as shall be designated by the mayor, 
for one, two. thi'ee, four, five, six, seven, 
eight and nine years from the first day of : 
July, nineteen hundred. On or before the 
first day of June prior to the expiration of 
the term of office of any tru.stee the mayor 
shall appoint his successor for a full term 
of nine years from the first day of July fdi- 
lowing. The mayor shall fill any vacancy 
e.xistiug la the office of .trustee— other than 


the president of the board of education — by 
the appointment of a trustee to hold office 
for the unexpired term. Each trustee so 
appointed shall take the oath of office re- 
quired h^ the cou^iiution of the stated [re- 
quired by section ten hundred and eighty- 
eight of Ihia act.] Any resignation from tho 
office of trustee shall lie made to the mayor. 
No trustee shall be subject to removal under 
tho provisions of section ninety-five of this 
act, but any trustee may be removed by the 
mayor upon proof either of official miscon- 
duct or negligence of official duties, or of 
conduct in any manner connected with his 
official duties or otherwise which tends to 
discredit his office, or the school system, or 
for mental or physical inability to perform 
his duties, but before such removal he shall 
receive due and timely notice in writing of 
the charges and a copy thereof, and shall be 
entitled to a hearing on like notice before 
tbe mayor, and to the assistance of counsel 
on said hearing. The board of trustees shall 
have power to prescribe bylaws and regu- 
lations for tile board and for the government 
of the college, its faculty, instructor.s and 
other employes. Such bylaws shall include 
rules governing the appointment of ail offi- 
cer.s. members of the faculty, iustructors and 
other employes of the college. A major! l.v 
of the members of the board appointed by 
the mayor as aforesaid shall constitute a 
quorum for the transaction of business and 
no resolution or act of the board shall be 
invalid by reason of any vacancy existing in 
the board, provided that such act or resolu- 
tion shall be adopted by a vote of five mem- 
bers of the board. 

Laws niiiilicalilc. 

Sec. 1,129. All acts cf the legislature. whi.;h 
were in force bn March thirtieth, eighteen 
hundred and sixty-six, in regard to the free 
academy, and to its control, management, 
support and affaire, not since modified or 
repealed, and which are not inconsistent 
witli the provisions of this act. and all laws 
in force at the time this act takes effect rela- 
tive to the College of the City of Nov York, 
not inconsistent with this act, are hereby de- 
clared to be applicable to the said college. 

I'arl ieipntlon In slate llleralure ami 

<ither fnmis. 

Sec. 1.130. The College of the City of New 
York shall be entitled to participate in the 
distribution of the income of the literature 
and other funds in the same manner and upon 
the same conditions as the other colleges cf 
the state, and the regents of tho University 
of the State of New York shall pay annually 
to the controller of the city of New York, as 
trustee for said college, the distributive share 
of tho said funds to which the said College of 
tho City of New York shall, by law, be enti- 
tled, and which shall be applied and expended 
for library books for the said college. 

Hilly 111' ti-n.slees lo reiiort. 

Sec. 1,131. It shall be tlic duty of the trus- 
tees of said college, annually on or before the 
first day of September, to report to the board 
of estimate and apportionment such sum, 
not exceeding one hundred and seventy-five 
thousand dollars in any one year, as they may 
require for the payment of the salaries of the 
professors and officers of said college; for ol, 
talning and furnishing scientific apparatu,., 
books for the students and all other neces- 
sary supplies therefor; for repairing and alter- 
ing tho college buildings; and for the support, 
maintenance and general expenses of said 
college; and the said board of estimate and ap- 
portionment and the [municipa! assem- 
bly] board of aldermen of The City 
of New York are hereby authorized and 


THK CIIAKTEU OF THE CITY OF NEW YOHK, 


12 <? 


directod In each and every year to raise 
and collect by tax on the estate, real and 
personal, liable to taxation In said city, such 
sum of money, not exceedlns the amount 
aforesaid, as may be reported to them by said 
trustees; the amount so to be raised and col- 
lected to be in addition to the sums required 
for the purposes of common schools In the 
city of New York under the act entitled “An 
Act to amend, consolidate and reduce to one 
act the several acts of the state of New York 
relative to the common schools of the city 
ef New York,” passed July 3d, 1851, and 
the several acts amendatory thereto. Upon 
the recommendation of the trustees, the board 
of estimate and apportionment and the [mu- 
nicipal assembly] board of aldermen may In- 
crease, from time to time, the amount an- 
nually to be raised In the tax levy for the 
maintenance of the College of The City of 
New York. 

liistriiet Ion to lie fiiriilHlieil Krai ■■ iti>ii.H- 

1> I>y the t'ollepre of The t'lty «»f New 

York; <lei$rees un<l <li|iIoiiiiiN. 

Sec. 1,132. The trustees of said col- 
lege shall continue to furnish, through 
the College of the City of New York, 
the benefit of education, gratuitously, to boys 
who have been pupils in the common schools 
of the city, and to all other male students 
who are actual residents of said city, and who 
are qualiiied to pa.ts the required examination 
for admission to said college. .\nd the trus- 
tees, upon the recommendatiou of the faculty 
of the said college, may grant the usual de- 
grees and diplomas in the arts to such per- 
sons as shall have completed a full course 
of study in the said college. 

Reports hy trusters to he fiiriiishril. 

Sec. 1,133. The trusteaa of tUo College of the 
City of New York shall matce and transmic; 
annually, on or before the first day of Feb- 
ruary in each year, lo the [munici- 
pal assembly], board of aldermen and 
also to the secretary of the board of re- 
gents of the University of the State of New 
York, a report, dated on the thirty-first day 
of December next preceding, which report 
shall state the I'ames and ages of all the 
pupils instructed in such college during the 
preceding year, and the time that each was 
so Instructed, specifying which of them have 
completed a fult course of study therein, 
and which have received degrees, medals and 
other special testimonials, a particular state- 
ment of the studies pursued by each pupil 
since the last preceding report, together with 
the books such student shall have stuflied, 
in whole or in part, and If in part, what 
portion; an account or estimate of the library, 
phllo.sophical and chemical apparatus, and 
mathematical or other scientific Instruments 
belonging to such college; the names of the 
instructors employed in said college and the 
compensation paid to each; what amount of 
moneys the board of education received dur- 
ing the year for the purposes of such college, 
and from what sources, specifying how much 
from each, and the particular manner and the 
specific purposes for which such moneys have 
been expended; and such other information 
in relation to education in the said college, 
and the measures of the board of trustees in 
the management thereof, as the [municipal 
assembly] board of aldermen or the regents 
of the universUy of the state of New York 
may, from time to time, require. 

TITLE 3. 

THK NOHNI VI, UOM.KGK. 

T!ie Noriiinl ColloRe of flic clfy of New 
York, n corporutloii aiiii collcjnc. 

Sec. 1,139. The Normal College of the City 
•f New York is hereby declared to be a ' 


separate and distinct organization and body 
corporate, and as such shall have the power 
and privileges of a college pursuant to the 
revised statutes of this state, and be subject 
to the provisions of the said statutes rela- 
tive to colleges, and to the visitation rf th" 
regents of the university, in like manner with 
the other colleges of the state. 


[Id.il Triisfees, powcru mid iIiiIIcm «if 
f riisfees. 


Sec. l,l<0. The members of the board of 
education of the city of New York, together 
with the president of the Normal college, 
shall be e.x-ofrieio the trustees of said col- 
lege and shall have and possess the powers 
conferred upon and be subject to the duties 
required of the trustees of colleges by the 
revised statutes. The president of the col- 
lege shall be a member of the executive 
committee of the said trustees for its care, 
government and management. 


[Id.sJ UnfVN iiiipllealile f<i: purfielptitioa 
In Kfjile litcriifnre and ofhet- fiiiidx. 


See. 1,141. .Ml acts of the legislature now 
in force with regard to the said Normal col- 
lege. its control, management, support and 
affairs, not Inconsistaut with the provisions 
of this act, are hereby declared to bo appli- 
cable to said college. The Normal College 
cf the City of .New York shall be entitled to 
participate in the distribution of the income 
of the literature and other funds of the 
state In the same manner and upen the 
same conditions as the other colleges of the 
state, and the regents of the University of 
the state of New Y’ork shall pay annually 
to the controller of the city of Now York, 
as trustee for said college, the distributive 
share of the said funds to which the said 
Normal college of the city of New York 
shall by law bo entitled and which shall be 
applied and expended for library books for 
said college. 

lld.il 'I'rnstecM to report nininnlly the 
miioiint required to pny nMlurlex, ete.: j 
xiieli niniiuiit to lie rulxed liy fn.Ta- 
tloni [luniiielpnl aHHeiulily] board of 
alderiiieii iiiny liioreiiKe uiiioiiiit 


Sec. 1,142. It shall be the duty of the trus- 
tees of said college annual]/ on or before the 
fifteenth day of October to report to the board 
of estimate and apportionment such sum not 
exceeding one hundred and fifty thousand dol- 
lars in any one year, as they may require 
for the payment of the salaries of the pro- 
fessors and officers of the said college, for ob- 
taining and furnishing scientific apparatus, 
books for the students and all other necessary 
supplies thetefor, for repairing and altering 
the college buildings, and for the support, 
maintenance and general expenses of said col- 
lege; and the said board of estimate and ap- 
portionment. and the ho^ard of aldermen 
[municipal assembly] of the city of "New 
York are hereby authorized and directed, in 
each and every year to raise and collect by 
tax on the estate, real and personal, liable 
to taxation in said city, such sum of money, 
not e.xceedlng the amount aforesaid, as may 
be reported to them by said trustees, the 
amount so to be raised and collected to be 
in addition to the sums required for the 
purposes of common schools in the city of 
New York, under the act entitled “.An act 
to amend, consolidate and reduce to one 
act the several acts of the state of New 
York relative to common schools of the 
city of New York," passed July third, eigh- 
teen hundred and fifty-one. and the several 
acts amendatory thereto. Upon the recom- 
mendation of the trustee, the board of esti- 
mate and apnortionment and the [munici- 


I 


t 


pal assembly] board of aldermen may in- 
crease from time to time the amount an- 
nually to be raised in the tax levy for the 
maintenance of the normal college. 

lilt.;] Iii.xtriict Ion t<i ho fnriilslieil si-nt- 
iiltoiisly; iloK'roos niid dlploiiinx. 

Sec. 1,143. The said board of education a.s 
trustees of said college shall continue to fur- 
I nish through the Normal College of the City 
! of New York, ibe benefit of educatiou gratu- 
' Uously to girls who have been pupils in the 
common schools of the city of New York 
as constituted by this act for a period of time 
I to be regulated by the board of trustees of 
I said colUge. and to all other .girls vrho are 
I actual residents of said city, and who are 
' qualified to pass the required e.xaminatlon 
I for admis.>lon to said college; and the board 
i of trustees upon the recommendation of the 
! faculty of the tald college, may grant the 
I usual degrees and diplomas In the art.s to 
I such persons as shall have completed a full 
j course cf s>tudy in the said college. The said 
i beard of trustees shall give norm.’! instruc- 
tion in manual training for the purpose o.' 
preparing teachers of manual training for the 
common schools. 

[l«I.;i .\iiiiuul rt'poi-ts of trustee*. 

Sec. 1.144. The tru'tees of the Normal Col- 
lege of the city cf .Vc.v York shall make and 
transmit annually, on or before the firs: day 
of February In coch year, to the [municipal 
assembly] board of aldermen .and also to the 
secretary of the board of regents of the 
university of the state of New York, a re- 
port. dated on the last scctilar day of De- 
cember nc.xt preceding, which report shall 
state the names and ages of all the pupils 
instructed in said college during the pre- 
ceding year, and the time that each was 
so Instructed, specifying which of them 
have completed a full course of study 
therein, ard which have received degrees, 
medals and other special testimouials; a 
particular statement of the studies pursued 
by each pupil since the last preceding report, 
together with the books such student shall 
have studied, in whole or in part, and if in 
part, what portions; an account or estimate 
of the library, philosophical and chemical 
apparatus and mathematical or ether scien- 
tific instruments belonging to said college; 
the names of the instructors employed in said 
college and the compensation paid to each; 
what amount of moneys the board of trustees 
received during the year for the put poses 
of said college and from what source, speci- 
fying how much from each, and tne partic- 
ular manner and the specific purpose.^ for 
which such moneys have been expended, and 
such other Information in relation to educa- 
tion in the said college, and the measures of 
the board of trustees tn the management 
thereof, as the board of education or the 
regents of the University cf the State of New 
York may from time to time require. 

[«l.:'| Vloiiry iiiiiiroiirinteil fur, to lie ct- 
pmdcil when reqnlrert liy triixtcen; 
oontrnef* Iiy trustee*. 

Sec. 1,145. The moneys apportioned to the 
board of education of said city of New 
\ork by the beard of estimate and appor- 
tionment and [municipal assembly] board 
of alderm^i^ for the payment of the saT 
arles of the professors and officers of said 
college, for obtaining and furnishing sci- 
entific apparatus, books for the students 
and all other necessary supplies therefor, 
for repairing and altering the college 
buildings, and for the support, mainte- 
nauce and general expenses of said college, 
shall be expended fer said normal college 
when required by the trustees cf the normal 


127 


THE CHARTER OF THE CITY OF NEW 


college of the city of New York, with the 
same right, power and authority as if the 
said college were under the control of the 
board of education of the city of New York. 
All contracts entered into, or liabilities in- 
curred by said trustees involving the expen- 
diture of more than one thousand dollars, 
except agreements for the payment of sal- 
aries. shall be entered into and incurred in. 
the same manner and subject to the restric- 
tions and limitations provided as to other 
expenditures of public moneys as provided 
for in this act. 

TITLE 4. 

OC.XEiKAI. PROVISIOVS. 

KellK'iouN sects niifl tloii'iiintic books 

excluded; Bible retained. 

Sec. 1,151. No school shall be entitled to cr 
receive any portion of the school moneys 
in which the religious doctrines or tenets 
of any particular Christian or other religious 
sect shall be taught, inculcated or practiced, 
or in which any book or^ books, containing 
compositions favorable or prejudicial to the 
particular doctrines cr tenets of any partic- 
ular Christian or other religious sect shall 
be used, or Which shall teach the doctrines 
or tenets of any other religious sect, or 
which shall refuse to permit the visits and 
examinations provided for in this chapter. 
But nothing herein contained shall author- 
ize the board of education or the school 
board of any borough to exclude the holy 
scriptures, without note or comment, or any 
selections therefrom, from any of the schools 
provided for by this chapter, but it shall 
not be competent for the said board of edu- 
cation to decide what version, if any. of the 
holy scriptures, without note or comment, 
shall be used in any of the schools; provided 
that nothing herein contained shall be so con- 
strued as to violate the rights of conscience, 
as secured by the constitution of this state 
and of the United States. 

Certain private scIiooIm aiithurized to 

pnrtiolpate In eoitiinoii Helionl fiiiKl. 

Sec. 1,152. The school established and main- 
tained by the Five Points House of Industry, 
in the city of New York, the school estab- 
lished and maintained by the Ladles’ Home 
Missionary society of the Methodist Episcopal 
church, at the institution in Park street, near 
the place usually called the Five Points, in 
the said city, and the industrial schools es- 
tablished and maintained under the charge of 
the Children’s -Aid society, in the city of New 
Y'ork, shall participate through the lma£d 
of education [school board of the bor- 
oughs of Manhattan and The Bronx] in the 
distribution of the common school fund In 
the same manner and decree as the com- 
mon .schools in the city of New York, and 
shall be subject to the same regulations 
and restrictions as are now by law im- 
posed on the common schools of New York. 

(Id.ilTo report as to iiioiieys and at- 
tendance. 

Sec. 1,153. The board of education shall 
require from the officers conducting schools 
by appointment of the board, and from the 
trustees, manager.s, or directors of the cor- 
porate schools entitled to participate in the 
apportionment of school moneys, a report in 
all respects similar to that formerly required 
in the city of New York, as constituted prior 
to the passage of this act, from the trustees 
of each ward. And in making the apportion- 
ment among the several schools, no share 
shall be allotted by the [any school] 
board to any school or society from which 
no sufficient annual report shall have been 


received, for the year ending on the last 
day of June immediately preceding the ap- 
portionment. 

f'ertniii atld Kloiiiil private hcIiooIa 

autliorlKed to participate in mcIiooI 

funds. 

Sec. The New York orphan asylum 

school, the Roman Catholic orphan asylum 
school, the schools of the two half orphan 
asylums, the school c-f the Society for the Re- 
formation of Juvenile Delinquents, in the city 
of New York, the School for the Leake and 
Watts’ Orphans' House, the school connected 
with the alms house of said city, the school 
of the Association for the Benefit of Colored 
Orphans, the scho.ols of the .American Female 
Guardian Society, the school established and 
maintained by the New York Juvenile Asylum, 
by the New York Infant asylum, by the Nurs- 
ery and Child’s hospital, including the coun- 
try branch thereof; the orphan asylums and 
industrial schools as existing In the city of 
Brooklyn at the time of the passage of this 
act. and the several schools and branches 
thereof, the schools organized under the act 
entitled "An act to extend to the city and 
county of New York the provisions of the gen- 
eral act in relation to the common schools, 
passed April 11, eighteen hundred and forty- 
two,” or an act to amend the same, passed 
April 18, eighteen hundred and forty-three, 
or an act entitled "An act more effectually 
to provide for common school education in the 
city and county of New York, passed May 
7, eighteen hundred and forty-four,” or any of 
the acts amending the same, and such schools 
as may be organized under the provisions of 
this chapter shall be subject to the genera) 
supervision of the board of education, and 
shall be entitled, through the said board 
[proper school boards] to participate in the 
apportionment of the school moneys, as pro- 
vided for in this chapter, but they shall be 
under the Immediate direction of their re- 
spective trustees, managers and directors, 
as herein provided. 

.Acoldenfal omission to report. 

Sec. 1,155. Whenever an apportionment of 
the public money shall not be made to any 
school, in consequence of any accidental 
omission to make any report required by 
law, or to comply with any other regula- 
tion or provision of law, the board of edu- 
cation may, in its discretion, direct an ap- 
portionment to be made to such school, ac- 
cording to -the equitable circumstances of 
the case, to be paid out of the public money 
on hand, or If the same shall have been 
distributed out of the public money to be 
received In a succeeding year. 

[Id.;] Trustees of sueli seliools niny con- 
vey to eorporntion and become 

merged. 

Sec. 1,156. The trustees, managers, and di- 
rectors of any of the corporate schools en- 
titled to participate in the apportionment of 
the school moneys, may, at any time, convey 
their school houses and sites to the corpora- 
tion of the city of New York, and transfer 
any of their schools to the beard of education, 
on the terms and in the manner to be agreed 
upon and prescribed by the board of education 
so as either to merge the said schools in the 
public schools or adopt them as public schools; 
and the same shall then be public schools, 
subject to all the rules, duties, and llabllltle.s, 
and enjoy the same rights as if they had been 
originally established as public schools. 

.\BufloaI school to be entnblisbetl. 

Sec. 1,157. The board of oducation is au- 
thorized and directed to provide and maintain 
a nautical school in said city, for the educa- 


YORK. 


tlon and training of pupils in the science and 
practice of navigation; to furnish accommoda- 
tions for said school, and make all needful 
rules and regulations therefor, and for the 
number and compensation of Instructors and 
others employed therein; to prescribe the gov- 
ernment and discipline thereof, and the terms 
and conditions upon which pupils shall be 
received and instructed therein, and discharg- 
ed therefrom, and provide in all things for 
Che good management of said nautical school. 
And said board shall have power to purchase 
the books, apparatus, stationery, and other 
things necessary or expedient to enable said 
school to be properly and successfully con- 
ducted, and may cause the said school or the 
pupils, or part of the pupils, thereof to go on 
b.'ard vessels In the harbor of New York, and 
take cruises in or from said harbor for the 
purpose of obtaining a practical knowledge 
In navigation and of the duties of mariners. 
.And the said board are hereby authorized to 
apply to the United States government for 
the requisite use of vessels and supplies for 
the purpose above mentioned. 

Nautical Hciiool; ninnnKeniciit of. 

Sec. 1,158. The said board of education shall 
appoint annually at least three of their num- 
ber who shall, subject to the control, super- 
vision and approbation of the board, consti- 
tute an executive committee, for the care, 
government and management of such nautical 
school, under rules and regulations so pre- 
scribed, and whose duty it shall be, among 
other things, to recommend the rules and 
regulations which they deem necessary and 
proper for such school. 

[I<I.;1 (liuinbcr of (.'uiii iiicrcc (<» appoint 

<-onin>lttcr to serve ns council. 

Sec. 1,159. The chamber of commerce of 
New York is authorized to provide for and ap- 
point a committee of its members to serve 
as a council of the nautical school, whose duty 
It shall be, as far as may be. to advise and 
co-operate with the board of education in the 
establishment and management of such school 
and from time to time to visit and examine 
the same, and to communicate in respect 
thereof, with the board of education, or such 
executive committee thereof, and to make re- 
ports to the chamber of commerce, which may 
transmit to the state superintendent of public 
instruction such reports, or any thereof, or an 
abstract of the same, with such recommenda- 
tions as may be deemed advisable. 

[Id.;] expeiiseH. 

Sec. 1,160. After the establishment and or- 
ganization of the said school, the expenses 
thereof, and of carrying out the provielons of 
this chapter, shall be defrayed from the mon- 
eys raised by law for the support of common 
schools in the city of New York. 

.Wvv York inntitution for the blind. 

Sec. 1,161. The hoard of education Is hereby 
authorized and required to distribute to th* 
managers of the New York Institution for the 
Blind a ratable proportion of the said school 
fund to every blind pupil in said institution, 
without regard to age. 


CHAPTER XIX. 

OEP.AUTMENT OF HEALTH. 

Title 1. Powers and duties of the depart- 
ment, its officers and adminis- 
tration. 

2. Marriages, births and deaths. 

3. Duties of physicians and others. 

4. Legal proceedings and punish- 

ment for disobedience of ordert 
and ordinances. 

6. Reimbursement of expenses. 


12.8 


THE CHARTER OF THE CITY OF NEW YORK 


6. Abatement by suit. 

7. Tenement and lodging houses, 
fc. Pension fund. 

TITLE 1. 

ORGAMZATIOX. ADMIMSTRATIOX, 
AUTHORITY, m.TIES AXD POW- 
ERS OK IJEPARTMEXT. 

The hoai-fl of health the head of the 
deiiartiuent of health. 

Sec. 1,167. The head of the department of 
health shall be called the board of health. 
Said board shall consist of [the president of 
the board of police,] one commissioner to be 
called the commissioner of health, the police 
commissione r and the health officer of the 
port [and three officers called commissioners 
of health, who shall be appointed by the 
mayor, and shall hold, their respective offices, 
as provided in chapter four of this act, as 
designated by the mayor]. The commission- 
er of health shall be appointed by the mayor. 
shall hold office as provided in chapter four 
of this act. and shall be the president of the 
board of health. The commissioner of health 
shall be the executiv e officer of the health 
department. The terms of office of the three 
offiers called co mmissioners of health, except 
the president of the board of health, ap p oint- 
ed pursuant to the provision of the Gr eater 
New Yor k Charter, shall cease and determine 
on the first day of January, nineteen hundred 
and two, and the said president shall there- 
upon become the commissioner of health. 

Autliority. duty niid powers of the 
hoard of health. 

Sec. 1,168. The authority, duty, and powers 
©f the department of healih shall extend over 
the city of New York, and the waters adja- 
cent thereto, within the jurisdiction of said 
city, and over the waters of the bay within 
the quarantine limits as established 'by law, 
but shall not be held to interfere with the 
powers and duties of the commissioners of 
quarantine or the health officer of the port. 
It shall be the duty of the department of 
health to make an annual report to the mayor 
of the city of New York, of all the operations 
of the department for the previous year. The 
mayor may at any time call for a fuller report, 
or for a report upon any portion of the work 
of said department, whenever he may deem 
it to be for the public good so to do. 

All the authority, duty and powers here- 
tofore conferred or enjoined upon the health 
departments, beards of health, healih and 
sanitary officers in any of the municipal and 
public corporations or parts thereof, jn any 
of the territory now within or hereafter to 
become a part of the city of New York, as 
constituted by this act. and within the juris- 
diction ot said city, by chapter seventy-four 
of the laws ot eighteen hundred and sixty- 
six. and tne several acts amendatory thereof, 
and by ai-y otner subsequent laws ot this 
state, and upon the several officers and mem- 
bers of said boards, by the laws constituting 
and appointing ail such departments, 
boards of health, and sanitary officers 

and members of said boards, by the 

laws constituting and appointing all 

such departments, boards of health, and san- 
itary officers, and giving and granting to 
them, or any of them, duties and powers not 
i.Tconslstent with the provisions cf this act, 
are hereby conferred upon and vested in and 
enjoined upon, and shall hereafter be ex- 

clusively exercised in the city of New York 
by the department of health, and beard of 
health, created by this act, and by the officers 
•I said board of health and the said depart- 


ment of health, and the same are to be ex- 
ercised in the manner specified in said chap- 
ter seventy-four of the laws of eighteen hun- 
dred and sixty-six, and the several acts 
amendatory thereof, and by any other subse- 
quent laws of the state relative to health and 
sanitary matters, and the prevention of pes- 
tilence and disease in said city of Nev/ York, 
or in any part thereof, and in conformity 
with the provisions of this act. 

Duty of l>onr<l as tf> eiiforreiiiciit of 

InvvN; inforiiintioii. 

Sec. 1,169. It shall be the duty of said board 
of health to aid in the enforcement of, and 
so far as practicable, to enforce all laws cf 
this state, applicable in said district, to the 
preservation of human life, or to the care, 
promotion or protection of health; and said 
board may exercise the authority given by 
said laws to enable it to discharge the duty 
hereby imposed; and this section is intended 
to include all laws relative to cleanliness, 
and to the use or sale of poisonous, unwhole- 
some, deleterious, or ad'jlterated drugs, medi- 
cines or food, and the necessary sanitary su- 
pervision of the purity and wholesomeness 
ot the water supply and the sources thereof 
fo,r the city of New York. And said board is 
authorized to require reports and information 
at such times and of such facts, and gener- 
ally of such nature and extent, relative to the 
safety of life and promotion of health as Us 
bylaw's or rules may provide, from all public 
dispensaries, hospitals, asylums, infirmaries, 
prisons and schools, and from the managers, 
principals and officers thereof; and from all 
other public institutions, their officers and 
managers, and from the proprietors, man- 
agers, lessees, and occupants of all theaters 
and other places of public resert nr amuse- 
ment in said district; but such reports aud in- 
tormation shall only be required concerning 
matters, or particulars, in respect of which, 
it may. in its opinion, need' information, for 
the better discharge of its duties in said city 
of New York and every part thereof. 

It is hereby made the duty of the officers, 
institutions and persons so called on, or re- 
ferred to. to promptly give such information 
and make such reports verbally or in writ- 
ing as may be required by said board. 

The board of health shall use all reasonable 
means for ascertaining the existence and 
cause of disease or peril to life or health 
and for averting the same throughout said 
city and shall promptly cause all proper in- 
formation in possession of skid board to be 
sent to the local health authorities of any 
city, village or town in this state which may 
request the same and shall add thereto such 
useful suggestions as the experience of said 
board may supply. 

It shall be the duty of said board, so far 
as it may be able, without serious expen.se, 
to gather and preserve such information and 
facts relating to death, disease and health 
from other parts of this state, but especially 
in said city, as may be useful in the dis- 
charge of its duties and contribute to the 
promotion of health or the security of life 
in the state of New York. 

It shall be the duty of said board to give 
all information that may be reasonably re- 
quested concerning any threatened danger 
to the public health to the health officer of 
the port of New York and to the commis- 
sioners of quarantine ot said port; who shall 
give the like information to said board; and 
said board and said officers and quarantine 
commissicners shall, so far as legal and 
practicable, co-operate together to prevent 
the spread of disease and for the pro-tection 
of life and the promotion of health 
within the sphere of their respective duties. 


Said board may grant bills of health to 
masters of vessels, 'certifying to the condi- 
tion of the city in respect of health. 

UuHpitniN, 

Sec. 1,170. Said board may remove or cause 
to be removed to a proper place, to be by it 
designated, any person sick with any con- 
tagious. pestilential or infectious disease; 
shall have exclusive charge and control of the 
hospitals for the treatment of such cases, and 
shall have power to provide and pay for 
the use of proper places to which to remove 
such persons as well as to designate such 
places. The board ot health is authorized and 
: empowered to erect, establish, maintain and 
furnish, upon North Brother island and in 
such other places within the city of New 'York 
as are how used for such purposes, buildings 
and hospitals for the care and treatment ol 
persons sick with contagious diseases,' and 
shall have the exclusive charge and control 
of the said buildings and hospitals. It shall 
I have pow'er to take possession < of 
and occupy for temporary hospitals any 
building or l^uildings in the said city, 
during the prevalence of an epidemic, 
if in the judgment of the board the 
same may be required, and shall pay for pri- 
vate property so taken a just compensation 
for the same. Said board may cause proper 
care and attendance to be given to persons 
sick or removed, when it shall be made to ap- 
pear to the said board that any such person 
is so poor as to be unable to procure for 
himself such care and attendance, cr that 
the public health requires special medical 
care and attendance. The board of health 
may send to such place as it may direct, all 
aliens and other persons in the city, not resi- 
dents thereof, who shall be sick cf any in- 
fectious, pestilential or contagious disease. 
The expense of the support of such aliens 
or other persons shall be defrayed by the 
corporation of the city, of New York, unless 
such aliens or other persons shall be entitled 
to support from the commissioners of emigra- 
tion. No person shall remove any person sick 
with Infectious, contagious or pestilential 
disease from any vessel or other place in 
said city without a written permit from the 
board of health. 

Repairs of bniltliiig;. 

Sec. 1,171. The powers of the board of health 
shall be construed to include the ordering and 
enforcing in the same manner as other or- 
ders are provided to be enforced, the repairs 
of buildings, houses and other structure.'!: 
the regulation and control of all public mar- 
kets (so far as relates to the cleanliness, ven- 
tilation and drainage thereof, and to the 
prevention of the sale or offering for sale 
ot improper articles therein); the removal of 
any obstrufctiou, matter or thing in or upon 
the public streets, sidewalks or places which 
shall be in its opinion liable to lead to re- 
sults dangerous to life or health; the pre- 
vention of accidents by which life or health 
may be endangered, and generally the abat- 
ing of all nuisances. It is hereby expressly 
declared that the said board of health shall 
have and possess full and complete power 
with reference to the ventilation, drainage and 
cleanliness of the stands or stalls in or 
around all markets, and said board shall have 
in said city ail common law rights to abate 
any nuisance without suit, which can or does 
in this state belong to any person whatever. 
Snnitarj code. 

Section 1,172. The sanitary code which shall 
be in force in “ The Cit y of New York the 
first d ay of Ja nuary, nin eteen hundred ami 
two, [adopted and declared as such at the 
ureeling of the board of health department of 


THE CHARTER OF THE CITY OF NEW YORK. 


129 


The City of New York, held In the city as 
formerly constituted and bounded on the sec- 
ond day of June, eighteen hundred and sev- 
enty-three, as amended in accordance with 
law, is] and all existing provisions of law 
fixing pena lties tor violations of said code are 
hereby declared to be binding and in force 
in The City of New York [constituted by 
this act], and shall continue to be so binding 
and in force, except as the same may from 
time to time, be revised, altered, amended or 
annulled [by the board of health] as herein 
I'rovided. Provided, however, that so much 
of this section as decl ares the sanitary code 

binding and in fo rce in The Ci ty of New 

York shall not b e construed as limiting the 
storage of fertilizer or the keeping and 
slanghtering of fowls, cattle an d other domes- 
tic an imals upon premises used for farming 
in unimproved sections of the city, or as 
forbidding the ordinary use of countr y roads 
in driv ing such fowls, cattle and other do- 
mes tic animals . [Afid it shall be the duty of 
said board, immediately upon organization 
under this act, to cause to be conformed to 
this title the sanitary code of ordinances, 
adopted by the existing board of health, and 
the departments and boards of health exist- 
ing in the several parts of the city of New 
York before the passage of this act, which 
shall be called the “sanitary code.” Said 
board of health] The board of aldermen is 
hereby authorized and empowered from time 
to time, to add to and to alter, amend or 
annul any part of the said sanitary code, 
and may therein publish additional provisions 
for the security of life and health in The 
City of New York, and confer additional pow- 
ers on ] distribute appropriate powers and 
duties to the members and employes of] 
the department of health, not inconsistent 
with the constitution or laws of this state, 
and may provide for the enforc ement of the 
said sanitary code by such tines, penalties, 
or imprisonment as may by ordinance be pre- 

scribed. The board of aldermen [health] 
may embrace in said sanitary code [therein] 
all matters and subjects to which, and 
so far as, the power and authority 
of said department of health extends, 
not limiting their application to the sub- 
ject of health only. [But no such revis- 
ion, alteration or amendment shall take ef- 
fect or be binding or in force, until the same 
has been published once a week for two suc- 
cessive weeks in the City Record. The pub- 
lication of additional provisions in, and of, 
additional ordinances of the sanitary code 
once a week for two successive weeks in the 
City Record shall be sufficient, and render 
any further publication of the same in any 
other newspapers unnecessary.] Any viola- 
tion of said sanitary code [or its amend- 
ments] shall be treated and punished as a 
misdemeanor, [and the offender shall alsc 
be liable to pay a penalty of fifty dollars, to 
be] Pecuniary penal ties for violation of said 
sanitary code may be recovered in a civil 
action in the name of the department of 
health of The City of New York, before any 
justice or tribunal in said city, having juris- 
diction of civil actions, and all such justices 
and tribunals shall take jurisdiction of such 
action. Copies of the record of the proceed- 
ings of said board of hea lth, of its rules, reg- 
ulations. ordinances, bylaws and books and 
papers constituting part of its ' archives, and 
the sanitary code, now or hereafter in force 
in said city, [and the ordinances of the sani- 
tary code added thereto and adopted by said 
board of health] when authenticated by its 
secretary or secretary pro tempore, shall be 


presumptive evidence, and the authentica- 
tion taken as presumptively correct in any 
court of justice, or judicial proceeding, when 
they may be relevant to the point or matter 
in controversy, of the facts, statements and 
recitals therein contained. 

Jntlioinl notlee of njeul anti preaump- 

tlonn. 

Sec. 1,173. The actions, proceedings, author- 
ity and orders of said board of health shall 
at all times be regarded as in their nature 
judicial, and be treated as prima facie just 
and legal. .All meetings of said board shall 1 
in every suit and proceeding be taken to have 
been duly called and regularly held, and all 
orders and proceedings to have been duly 
authorized, unless the contrary be proved. 
All courts shall take judicial notice of the 
seal of said board and of the signature of its 
secretary and chief clerk. 

Seal. 

Sec. 1,174. The board of health may design 
and adopt a seal, and use the same in the 
authentication of its orders and proceedings, 
commissioning its officers 'and agents, and 
otherwise, as the rules of the board may pro- 
vide. Said board may enact such bylaws, 
rules and regulations as it may deem advis- 
able, in harmony with the provisions and pur- 
poses of this chapter, and not inconsistent 
with the constitution or laws of this state, 
for the regulation of the action of the said 
beard, its officers and agents, in the dis- 
charge of its and their duties, and from time j 
to time may alter, annul or amend the same. 
Pnblicniion of reports »ii<l stntisties. 

Sec. 1,175. The board of health may estab- 
lish as it shall deem wise, and to promote 
the public good and public service, reasonable 
regulations as to the publicity of any of the 
papers, files, reports, records and proceedings 
of the department of health; and may pub- 
lish such information as may, in its opinion, j 
be useful, concerning births, deaths, mar- 
riages, sickness, and the general sanitary | 
conditions of said city, or any matter, place | 
or thing therein. Said department shall pre- 
phre and keep the statistics of tenements and 
lodging-houses, and make semi-annual re- I 
ports upon the same, and transmit such sta- j 
tistics to the state board of health. | 

Proceed I iiifH relative t<» dniiaerous 

biiildinK'N, V CNNelM. places uixl thiiiK’a. 

Sec. 1,176. Whenever any building, erec- 
tion, excavation, premises, business pursuit, 
matter or thing, or the sewerage, drainage or 
ventilation thereof, in said city, shall, in the 
opinion of said board, w-hether as a whole or 
in any particular, be in a condition or in effect 
dangerous to life or health, said board may 
take and file among its records w’hat it shall 
regard as sufficient proof to authorize its 
declaration that the same, to the extent it 
may specify, is a public nuisance, or dan- 
gerous to life or health; and said board may 
thereupon enter in its records the same as a 
nuisance, and order the same to be removed, 
abated, suspended, altered or otherwise im- 
proved or purified, as said order shall specify; 
and if any party served with such order 
(or Intended to be according to this chap- 
ter), shall, before its execution is commenced, 
or within three days after such service or 
attempted service, apply to said board, or the 
president thereof, to have said order or its 
execution stayed or modified, it shall then j 
be the duty of said board to temporarily sus- | 
pend or modify said order or the execution i 
thereof, save in cases of imminept dangei | 
from impending pestilence, when said board 1 
may exercise extraordinary powers, as herein I 
elsewhere specified, and to give such party | 
or parties together, as the case in the opin- 


ion of the board may require, a reasonable 
and fair opportunity to be heard before .said 
board, and to present facts and proofs, ac- 
cording to the rules or directions of said 
board, against said declaration and the 
execution of said order, or in favor of its mod- 
ification, according to the regulations cf the 
board; and the board shall enter in its min- 
utes such facts and proofs as it may receive 
and its proceedings on such hearing, and any 
other proof it muy take, and thereafter may 
rescind, modify or reaffirm its said declaration 
and erder, and require e.xecution of said origi- 
nal, or of a new or modified order to be made, 
in such form and effect as it may finally de- 
termine. Said board may order or cause any 
excavation, erection, vehicle, vessel, water- 
craft, room, build'ng, place, sewer, pipe, pas- 
sage, premises, ground, matter or thing, in 
said city or adjacent waters, regarded by said 
board as in a condition dangerous or detri- 
mental to life or health, to be purified^ cleaned 
ed, -disinfected, altered or improved; and may 
also order any substance, matter or thing, 
being or left in any street, alley, water, ex- 
cavation. building, erection, place or grounds 
'(whether such place where the same may 
be public or private), and which said board 
may regard as dangerous or detrimental to 
life or health, to be speedily removed to 
some proper place; and may designate or 
provide a place to which the same shall be 
removed, when no such adequate or proper 
place, in the judgment of said board, is al- 
ready provided. If said order is not complied 
with, or as far complied with as said board 
of health may regard as reasonable, within 
five days after such service or attempted serv- 
ice, or within any shorter time which, in case 
of pestilence, the board of health may have desig- 
nated, or is not thereafter speedily and fully 
executed, then any such order may be exe- 
cuted as herein elsewhere provided in regard 
to any of the orders of said board. And if 
personal service of any aforesaid order can- 
not be made under this section by reason of 
absence from said district, or inability to find 
one or more of the owners, occupants, lessees, 
or tenants of the subject matter to which said 
order relates, or one or more of the persons 
whose duty it was to have done what is there- 
in required to be done, as the case may ren- 
der just and proper in the opinion of said 
board; to be shown by the official certificates 
of the officer having such order to serve, then 
service may be made through the mail, or by 
a copy left at the residence or place of bu.«i- 
jiess of the person sought to be served, with a 
person of suitable age and discretion, and the 
expenses attending the execution of any and 
all such orders respectively shall be a several 
and joint personal charge against each of the 
owners or part owners, and each of the lessees 
and occupants of the building, business, place, 
property, matter or thing to which said order 
relates, and in respect of which said expenses 
were incurred; and also against every person 
or body who was by law or contract bound to 
do that in relation to such business, place, 
street, property, matter or thing, which said 
order requires, and said expenses shall also 
be a lion on all rent, compensation due, or 
to grow due, for the use of any place, room, 
building, premises, matter, or thing, to which 
said order relates, and in respect of which, 
said expenses were incurred; and al.so, a lien 
on all compensation due or to grow due for 
the cleaning of any street, place, ground, or 
thing, or for the cleansing cr removal of any 
matter, thing or place, the failure to do whic) 
by the party bound so to do, cr the doing ot 
the same in whole or i:i part by order of said 
board, was the cause cr occasion cf any such 
order or expen.'c. Said beard of health, its 
assignee, or tho party who has, under Its order 
or that of the police board, acting there- 


130 THE 


under, incurred said expense, or has rendered 
service for which payment is due, and as the 
rules of said beard of health may provide, 
may institute and maintain' a sui'f'iagainst 
any one herein declared liable for expenses 
as aforesaid, cr against any person, firm or 
corporation, owing, or who may owe, such rent 
or compensation, and may recover the ex- 
penses so incurred under any order aforesaid. 
[And only one or more of such parties liable 
or Interested may be made parties to such ac- 
tion as the board may elect; but the parties 
made responsible as aforesaid for such ex- 
penses shall be liable to contribute, or to 
make payment as between themselves, in re- 
•pect of such expenses and of any sum re- 
covered for such expenses or compensation, or 
by any party paid on account thereof, accord- 
ing to the legal or equitable obligation exist- 
ing between them.] 

Extraordinary exprndltnreK. 

Sec. 1,177. The department of health mar 
use, in compensation of special inspectors, phy- 
eiciane and nurses, and for supplies and con- 
tingencies, such sum, not exceeding in the ag- 
gregate eighty thousand dollars, in excess of 
the annual appropriation, as may be at any 
time appropriated by the beard of estimate 
and apportionment fc. tne prevention cf dan- 
ger from contagious or infectious dlseaeee 
found to exist in said city, or fer the care of 
persons exposed to danger from contagious 
or infectious diseases. 

Declaration of imminent peril. 

Sec. 1,178. In the presence of great and im- 
minent peril to the public health by reason 
of impending pestilence, it shall be the duty 
of the board of health, having first taken and 
filed among its records what H shall regard 
as sufficient proof to authorize its declaration 
of such peril, and having duly entered the 
same in its records, to take such measures, 
and to do and order end cause to he done, 
such acts and make such expendKures Che- 
yond these duly estimated for or provided) 
for the preservation of the public health 
(though not herein elsewhere or otherwise 
authorized) as it may in good faith declare the 
Df’bllo safety and health to demand, and the 
mayor shall in writing approve. But the ex- 
ercise of this extraordinary power shall also, 
so far as it involves such excessive expen- 
ditures, require the written consent of at least 
[three] two members of the board of health, 
and the approval aforesaid of the mayor. And 
auch peril stall not he deemed to exist ex- 
cept when, and for such period of time, as 
the board of health and mayor shall declare. 
Bnrcaas. 

Sec. 1.179. There shell be, two bureaus in 
the department of health. The chief [officer] 
officers of one bureau shall be called the 
“sanitary superintendent^’ [who], and at 
the time of [his] their respectiv e appoint- 
ments^ shall have been, for at least ten years, 
[a] practicing physician^ and for three 
years [a] reslden^ of TheTlity of New York, 
[and he shall be the chief executive officer of 
said department.] The chief officers of the 
second bureau shall be called the “registrars 
of records,” and in said bureau shall be re~ 
corded, without fees, every birth, marriage 
and death, and all inquisitions of coroners, 
■which shall occur, or to be taken within The 
City of New York. But in case of inquests, 
■where the jury shall find that the death was 
caused by negligence or malicious injury, 
only a copy of the record need be filed in 
said bureau. 

Ofiloes and 

Sec. 1,180. The board of health may fit up 
and furnish such offices and such branch 


CHARTER OF THE CITY OF NEW YORK. 


offices- in each and every borough provided 
for the department of health in accordance 
with law, as the convenience of the depart- 
ment, its officers, agents and employes, and the 
prudent and proper discharge of the duties of 
the department may require; and may, subject 
to the other provisions of this act, make such 
other incidental and additional expenditures, 
having due regard to economy, as the purposes 
and provisions of this chapter, and the dan- 
gers to life and public health may justify or 
require; and may provide that any failure of 
any officer, agent, cr employe of the depart- 
ment to duly fulfill his engagements or dis- 
charge his du'ty shall cause a forfeiture of the 
whole, cr any less portion of the salary or 
compensation of such officer, agent, or em- 
ploye, as the rules or practice of the depart- 
ment may provide. 

Dorouts'h ofiicca fo be mniiitaiiied. 

Sec. 1,181. The board of health shall estab- 
lish and maintain in the boroughs of Man- 
hattan and [The Bronx,] Brooklyn, [Queens 
and Richmond,] offices wherein the business 
and duties of the department of health shall 
be performed and discharged under its rules, 
regulation and control. [To this end] The 
[board] commis^oner of health shall ap- 
point [assistant] two sanitary superinten- 
dents, and [assistant] Uvo registrars of rec- 
ords, one of each of such officers to be as- 
signed to each of the [five] two borough ‘ 
offices above mentioned, and so many of the 
other oflScers, clerks, inspectors and sub- j 
ordinates allow'cd, pursuant to this chapter, ■ 
as may be neces.sary to conduct and trans- 
act the business of the health department, in 
each of the [said] boroughs into which The 
City of New York is divided by this act . 
In such borough offices, the board of 
health shall preserve the records, files, 
reports, and papers belonging and per- 
taining to the borough in which the office is 
located. In the general office of the health 
department In the borough of Manhattan, shall 
also be preserved and kept, both for record 
and the use of the board of health, the arch- 
ives of the department of health, and all the 
records, books, reports, files and papers be- j 
longing and pertaining to the general ad- j 
ministration of the health department, and 
the business and transactions of the board 
of health, as well as those which belong to, 
and have special reference to, the business 
and transactions, and the discharge of the 
duties and powers of the health department 
! in the borough of Manhattan. The board of 
health [may likewise establish such other ad- 
ditional offices as it shall deem necessary for 
the proper discharge of the duties and powers 
of the health department in the several bor- 
oughs, with such force as may be essential 
thereto throughout the city as constituted by 
this act, but] shall always maintain its chief 
office in the borough of Manhattan. 

Delegation of powers. 


its correspondence, and aid generally In ac- 
complishing the purposes of this chapter. The 
board of health may designate a clerk to be 
the chief clerk of the department, and a clerk 
in each of the offices of the [five] boroughs 
[above mentioned], in which offices are es- 
tablished, to be an assistant chief clerk, who 
may perform such duties of the secretary as 
Shan be assigned to him; and papers certified 
by such chief clerk or by an assistant chief 
clerk shall be of the same effect as evidence 
and otherwise as If certified by the secretary. 

Duty of sanitary snperintendents. 

See, 1,183. It shall be the duty of the sani- 
tary [superintendent and the assistant sani- 
tary] superintendents, [as each may be di- 
rected,] to execute or cause to be executed, the 
orders of said department of health, and gen- 
erally, according to instructions, to exerpisc a 
practical supervision in respect to the iu- 
spectors, agents and persons other than the 
secretary, and health commissioner[s.] and 
as to the members of the police force who may 
exercise any authority under this chapter; 
and said officers shall devote their services to 
the aforesaid purposes, as the board of health 
may, from time to time direct. Bach such 
superintendent shall make reports weekly or 
oftener, if directed by the board of health, 
in writing, stating generally’' his own action 
and that of his subordinates, and the condi- 
tion of the public health in said city, or any 
portion thereof, and any causes endangering 
life or health which have come to his knowl- 
edge during that period. 

i Reports of, and Inspection. 

j Sec. 1,184. The sanitary superintendent, [the 
! assistant sanitary superintendents,] the sani- 
tary inspectors and the officers of said depart- 
ment may visit all sick persons, who shall be 
i reported to the department of health as sick 
of any cont(igious, pestilential or Infectious 
disease and report to the department of 
health, in writing, his cr their opinion of 
their sickness. He. or they, shall visit and 
inspect all vessels coming to the wharves, 
landing places or shores of said city, or with- 
in three hundred yards thereof, which are 
suspected of having on board any infectious 
or contagious disease, or likely to commun- 
j icate the disease to the Inhabitants of said 
city, and all stores and places within the said 
city, which are suspected to contain putrid 
cr unsound provisions or other articles likely 
to communicate disease to the Inhabitants, 
and make and slgpi a report in writing, stating 
the vessel, stores, places and articles so in- 
spected by him cr them, and the nature. 

[ state and situation thereof, and his or their 
opinion in relation thereto, as to the proba- 
I bllity of disease being communicated by or 
j from the same, and file such report in the 
chief office of the department of health. 

i Sanitary inspectors. ^ 

Sec. 1,185. The [board] commissioner of 


I See. 1,182. The board of health and the com- 
missloner of health may from time to time 
delegate any portion of its or his powers to 
the sanitary superintendents [or an assist- 
ant sanitary superintendent,] to be exer- 
■ cised by such delegate from the time and in 
the manner, and to the extent specified in such 
delegation in writing. Provided, however, 
I that this section shall not be construed in re- 
: straint of the general pov/er of the beard of 
j health to discharge its duties through any 
and all of its appointees. The department cf 
health shall have a secretary, who shall, sub- 
ject to the direction cf the board of health, 
keep and authenticate the acts, records, pa- 
pers and proceedings of the department of 
health, pres'erve its books and papers, conduct 


health shall appoint and commission at least 
fifty sanitary Inspectors, and shall have 
power to appoint twenty additional sani- 
tary inspectors, if [it] the board of 

h ealth deems that number necessary, and 
from time to time prescribe the duties 
[and salaries] of each of said in- 

spectors, and the place of their per- 
formance, and of all other persons e.\- 
I creising any authority under said depart- 
ment, except as herein specially provided; but 
thirty of such Insnectors shall be physicians 
of skill and .of practical professional experi- 
ence in said city. The additional sanitary lu- 
I specters heretofore duly appointed and com- 
’ missioned, either in New York city or in the 
city of Brooklyn, may be included among th* 


THE CHARTER OF THE CITY OF NEW 


sanitary inspectors mentioned in this sec- 
tion. and may continue to act as such without 
reappointment, but nothing herein contained 
shall curtail any of the powers vested in the 
department of health by this act, and the 
number of sanitary inspectol's for whom pro- 
vision is made in this sectlcu shall be exclu- 
sive of the special inspectors for whom pro- 
vision is made in section 1,186 and elsewhere 
in this act. .\11 of the said inspectors shall 
have such practical knowledge of scientific or 
sanitary matters as qualify them for the du- 
ties of their office. Each of such inspectors 
shall once in each week make a written re- 
port to raid department, stating what duties 
he has performed, and where he has per- 
formed them, aad also such facts as have 
come to his knowledge connected with the 
purposes of this chapter as are by him deem- 
ed worthy of the attention of said depart- 
ment, or such as its regulations may require 
of him; which reports, with the other reports 
herein elsewhere mentioned, shall be filed 
among the records of the said department. 
Sanitary enK'lneerlne: Horvioe. 

Sec. 1.186. The board of health may, from 
time to time, [engage] employ a suitable 
person or persons to render sanitary engi- 
neering service, and to make or supervise 
practical and scientific sanitary investiga- 
tions and examinations in the city requiring 
engineering skill, and to prepare plans and 
reports relative thereto. 

Dadgres. . 

Sec. 1,187. The board of health may provide 
a badge of metal with a suitable inscription 
thereon, and direct and require it to be worn, 
in a pcsition to be designated by any person 
or officer under the authority of said depart- 
ment, at such times and under such circum- 
stances as the rules and bylaws of said de- 
partment shall direct. 

Kxauiination!* and snrveyn. 

Sec. 1,183. The members of the beard of 
health, the health commissioners, the sani- 
tary [superintendent, the assistant sanitary] 
superintendents, and any of the sanitary in- 
spectors, and such other officer or person as 
may, at any time be by said board of health 
authorized, may, without fee or hindrance, 
enter, examine and survey all grounds, erec- 
tions, vehicles, stractures, apartments, build- 
ings, and every part thereof, and places in the 
city, including vessels of all kinds in the wa- 
ters, and all cellars, sewers, passages and 
excavations of every sort, and Inspect the 
safety and sanitary condition, and make 
plans, drawings and descriptions thereof, ac- 
cording to the order or regulations of said 
dejxirtment. Said department may make and 
publish a report of the sanitary condition, and 
the result cf the inspection of any place, mat- 
ter or thing in the city, so Inspected or other- 
wise, as aforesaid, so far as. In the opinion 
cf the board of health, such publication may 
be useful. 

Proofs an<l affidavits. 

Sec. 1,189. Pioofs, affidavits and examina- 
tio'ns as to any matter under this chapter may 
be taken by or before the beard of health or 
other person, as the board of health 
shall authorize; and the commission- 
er[8] of health, the secretary, the sanitary 
[superintendent, assistant sanitary] superin- 
tendents and any member of said department 
shall, severally, have authority to administer 
oaths in such matters, and any person guilty 
of willfully answering or testifying falsely 
therein shall incur all the pains and penal- 
ties of perjury. 

Suits and service of iinpers. 

Sec. 1,192. Said board of health may sue and 


be sued in and by the proper name of “The 
departmentofhealthofthe city of New York,” 
and not in or by the name of the members of 
said board or any of them and service of all 
process suits and proceedings against or af- 
fecting said board, and other papers may be 
made upon the president of said board, or 
upon Its secretary, and not otherwise; except 
that, according to usual practice in other 
suits, papers in suit to which said board of 
health is a party may be served on the cor- 
poration counsel or such assistant as may be 
assigned by him to the health department. 

Attorney. 

Sec. 1,193. The corporation counsel shall 
assign such assistant counsel as may be need- 
ftil to the department of health, as provided 
In chapter VII of this act. 

Salaries. 

Sec. 1,194. The annual salaries £0 be paid :o 
persons herein named, and appointed to the 
several specified positions, stiall, from and 
after their entrance upon their duties, bo as 
fallows, and such salaries shall be in full 
for all services rendered by them to the city 
in any capacity whatever: To the [president 
of the board] commissioner of health, seven 
thousand five hundred dollars; [to the com- 
missioners, other than the president, six 
thousand dollars each;] to the sanitary su- 
perintendents, each five [superintendent six] 
thousand dollars; to the secretary, five 
thousand dollars; [to the assistant sanitary 
superintendents, each three thousand five 
hundred dollars;] to the registrars of rec- 
ords, [tour] each three thousand dollars; 
[to the assistant registrars of records, 
each three thousand dollars;] to the 
chief clerk of the department of health, 
three thousand dollars. [ ; and to the 
other clerks and employees regularly employed 
la the service of the department '.he salaries 
from time to time fixed and prescribed for 
them and their offices respectively by the 
board of health. , 

Id.; and no fees. 

Sec. 1,195. No salary or compensation shall 
be paid to, on fees demanded by, or expenses 
ordered to be incurred by any officer, depart- 
ment, or agent, or in respect <o any service, 
expenditure or employment under the author- 
ity of any health law, ordinance, regulation 
or appointment in said city, unless such sal- 
ary, expenditure, employment, fees or expense 
shall be authorized by the department crl 
health; and any officer or agent, emplo yee 
or servant of the health department dem and - 
ing or receiving compens ation, fees or ex- 
penses in violation of this secti on shall be 
guilty of a ml8dem^nor._ punishable by im- 
prisonment for a term of not more thai^oj^ 
year and by a fine of not more than five 
hundred dolla rs, an d the forfeiture of his 

office or position. No municipal body, or 
other authority, shall create any office or 
employ any officer or agent, or incur any ex- 
pense under any health laws or ordinances, 
or in respect of any matter concerning w'hich 
said health department is by this chapter 
given control or jurisdiction. Neit^r the 
commissioner of health, nor any sanitary 
superintenden t, nor any sanitary inspector 
shall be perm itted to contribute any moneys 
directly or indirectly to any political fund 
or to join or be or bec om e a memb er of any 
political c lub or association intended to af- 

fect legislation for or in behalf of the health 
department or any member thereof, or to 

contribute any funds for such purposes. 


YORK. 131 


.\o itei’Konal liability. 

Sec. 1,196. No member, officer, or agents of 
said department of health, and no person or 
persons other than the department of health 
or the city itself shall be sued or held to 
liability, for any act done or omitted by 
either person aforesaid, in good faith, and 
with ordinary discretion, on behalf of or un- 
der said department, or pursuant to its regu- 
lations, ordinances or health laws. And any 
person whose property may have been unjust- 
ly or illegally destroyed or injured, pursu- 
ant to any order, regulation or ordinance, or 
action of said department of health or its offi- 
cers, for which no personal liability may ex- 
ist, as aforesaid, may maintain a proper ac- 
tion against the city for the recovery of the 
proper compensation or damage. Every such 
suit must be brought within six months after 
the cause of action arose, and the recovery 
shall be limited to the damages suffered. 

OrderM of tbe board. 

Sec. 1,197. The board of health, if it shall 
consider the public health or interests so to 
require, may execute orders through its own 
officers or agents, and means to be engaged 
by the board of health. Whatever expenses 
said board of health may lawfully and proper- 
ly incur in the execution of any order, resolu- 
tion or judgment aforesaid, or in executing, 
or in connection with its own orders, made 
in good faith, or in and about the discharge, 
in good faith, of its duties, or in satisfying 
any liability or judgment it may have in 
good faith incurred or suffered by reason of 
its acts, done in good faith, as aforesaid, or 
in satisfying any claim against its officers or 
subordinates, arising from their acts in the 
discharge, in good faith, of their respective 
duties, shall, so far as established, be paid 
out of the fund or other moneys of the de- 
partment of health. 

Exeeatloa may be eoiniielled. 

Sec. 1,198. All orders duly made by any of 
the departments of health or boards of health 
or health and sanitary authorities or officers, 
to which said department succeeded, and by 
their terms or necessary legal effect, to be 
executed in the city of New York, may be 
executed, and the execution thereof com- 
pelled, and the execution of such of them 
as are partly executed may be compelled by 
the department of health; and the said orders 
may be severally rescinded or modified by 
said department, with like effect, as could 
have been done by the department, board of 
health, or sanitary authority existing at the 
time the said orders were severally made. 
The said department may discharge all liens 
upon real estate In the city of New York, 
created by any board of health or sanitary 
authorities above mentioned, or created in 
proceedings instituted by the metropolitan 
board of health or the department of health, 
which succeeded thereto, in the same manner 
and for the same causes that, by law's ex- 
isting January first, eighteen hundred aad 
seventy, they could be discharged by the 
metropolitan board of health. 

Uig;bt of iuHpection. 

Sec. 1,199. It is hereby made the duty of 
all departments, officers and agents, having 
the control, charge or custody of any public 
structure, work, ground, or erection, or of 
any plan, description, outline, drawing or 
charts thereof, or relating thereto, made, 
kept or controlled under any public au- 
thority, to permit and facilitate the examina- 
tion and inspection, and the making of 
copies of the same by any officer or person 
thereto by said department of health au- 
thorized. 


132 


VUE CHAUTEK OF THE CITY OF NEW VOKK. 


Complnint book. 

Sec. 1,200. The board of health shall rause 
to be kepi a genera! complami bodk. nr 
several such books, in which [may] shall be 
entered [by any person, in good faiih] any 
complaint [s] of a sanitary nature [which 
such person thinks may be useful] with the 
mime and residence of the complainant [. and 
may give] the names cf the person or per- 
sons complained of. and the dale cl the en- 
try or the complaint, and [such] suggestions 
of any ap propriate remedy [as .nay in good 
faith be thought arpropriatc.] and said books 
shall be open to all reasonable public ex- 
amination. regulated in all respects as said 
board may deem proper and for the public 
service, and the board o^" health shall cause 
the facts in regard to such complaints to be 
Investigated, «nd ihe appropriate remedy to 
be applied. 

Dntios of oivnerx. IcxxecM nml occupantN 

Sec, 1,201. It is hereby declared to be ihe 
duty of every owner and part owner and per- 
son interested, and of every I^^ssee, tenant, 
and occupant of. or in any place, water, ground, 
room, stall, apartment, building, erection, ves- 
sel. vehicle, matter and thing in said city, and 
of every person conducting or interested in 
business therein, or thereat, and of every 
person who has undertaken to clean any place 
ground, or street therein, and of every i)orson, 
public officer, and department having charge 
of any ground, place, building, or erection 
therein, to keep, place and preserve the same 
and every part, and the sewerage, drainage and 
ventilation thereof in such condition, and to 
conduct the same in such manner, that it 
shall not be a nuisance, or be dangerous or 
prejudicial to life or health. 

Police department axMlwlaiice. 

Sec. 1,202. Tt shall be the duty of the police 
department, and of its officers and men. as said 
department shall direct, to promptly advise the 
department of hea’.'h of all ihr^attnlng dangers 
to human Mfe or health and of all matters 
thought to demand its attention, and to regu- 
larly report to said board of health all vio- 
lations of its rules, and of sanitary ordinances, 
and of rhe health laws, and all useful sanitary 
Information. And said last named departments 
shall, as far as practicable and appropriate, 
co-operate for the promotion of the pub- 
lic health, and the safety of human life, in the 
city. And it s.iall be the duty of the police 
department and the police [board] com- 
missioner. by and through its proper officers, 
agents and mei , to faiihfuUy, and at the 
proper time, enforce and execute the sani- 
tary rnlr;i and regulations and ihe orders 
of said board of health, made pursuant to the 
powers of said board of health, upon the same 
being re-?eived in writing and duly authenti- 
cated. as said board of health may direct. .\nd 
said police [board] commissioner is author- 
ized to employ appropriate persous and 
means, and to make the necessary and appro- 
priate expenditures, for the execution and en- 
forcement of said rules, orders, and regula- 
tions; and such expenditures, so far as the 
same may not be refunded or compensated by 
the means herein elsewhere provided, shall be 
paid as the other expenses of said board of 
health are paid. And in and about the execu- 
tion of any order of the board of health or of 
the police [board] commissioner, made pur- 
suant thereto, police officers and policemen 
shall have as ample power and authority as 
when obeying any order or lav.' apjdicable to 
the police commissioner [board, or as if act- 
ing under a special warrant of a justice or 
judge, duly issued], but for their conduct 


shall be responsible to the police [board] 
commissioner and not to the board of health. 

C*«ronor*.H returiiM. 

Sec. 1.203. The department of health may 
from time to time fix and define the time of 
making, and the form of returns and reports 
to be made lo said department by the coro- 
ners of the city of Xew York, in all cases of 
post mortem inquests, or viewing of dead 
bodies held by them or any of them, and the 
said coroners are hereby required to conform 
to the directions of said department in the 
premises, and it shall be the duty of every 
coroner at once, and befote holding any in- 
quest, upon being called upon to hold an in- 
quest as -afo-ro.said. or notified thereof, to im- 
mediately transmit and cause to-be delivered 
to the secretary of said department of health 
written notice of the fact of such call, in 
which shall be stated every particular then 
known to said coroner as to s-aid call, the 
body, the place where .it is and the reported 
cause of death. If at any time said depart- 
ment. or the sanitary .superintendent, shall 
deem the protection of the public health to 
demand, it may, so soon as the coroner’s jury 
or physician may have viewed the dead body, 
and an autopsy thereof shall have been made, 
provided the coroner deems the same neces- 
sary, order the immediate burial of any dead 
body, or if he or it deems that the public 
health demands an immediate removal o* 
said body from the place of death to another 
place for inquest, may likewise at any time 
order said removal and shall have power to 
cause said orders to be obeyed and executed. 

}lciii4)vnl of deaii Itodic*?*. 

Sec, 1,204. It shall be the duty of the depart- 
ment of heauh to gi^ant a permit for the re- 
moval the body of any deceased person 
fror- city, w'hich has not been buried, 
upoi receiving a certificate of the death of 
said person, made in accordance with its 
rules. I: may grant a permit for the removal 
of the remains* of any person Interred within 
the city to a place wltho'ut the same, on the 
application of a relative or friend of such per- 
son, when there shall appear to be no just 
objection to the same. 

Removal of moiI and 4»IVal. 

•Sec. 1,205, The beard of tica/th sOall h.ave fail 
end excl'tis.ve power and au-ihcrlty ever :he re- 
moval cf nigh: soil, and In i:he removal of dead 
animals, offal, night soil, blood, bones, tainted 
cr Impure meats and o:her refuse matter from 
caid city. U is hereby charged wUh the duty 
cf causing itie removal cf 'the same daily, cr 
as often as may be necessary, and of keeping 
the .e-ald c>:y clean frem all ma*:ter cf nuisance 
of a similar kind. The- dep-^rtimen:, bureau cr 
o\y effioer cf authority or authorities who 
shall from time to time have tOe management 
and coLKVOt of the public decks, piers and slips 
in .said city, may, with ^;he consent: of :fie com- 
missioners of the sinking lund, designate and 
set apart for the use cf the depai>:ment cf 
health cf said city, suitable and sufficient slips, 
docks, piers and berc^is in slips, Iccaced as the 
said depanimerA cf health may require, and 
siucfi as should be convenient and necessary 
for Its use in executing :he du*:y hereby im- 
posed upon said department of iieaUh. except- 
ing the slips, docks and piers cn the East river 
set apart for 'the use of caaal boats. 

I<1.; c*<iutrnt'tM f<»r« 


Sec. ],20G. The beard cf health is air.horized 
i make contiv.c^.'s witti any responsible person 
cr persons for the removal of said offal, dead 
animals, night soli and other refu-se matter , 
from the city of New York, and to require and ' 
receive security in such foixn and amount es 


the said beard may approve, for the faithful 
perfcrmance by ‘the person cr persons afore- 
said, CO whom sucO contracts may by :Cie sa.d 
beard of he-aXh, bo in its discretion, awarded, 
of all and each of the provisions of such con- 
tracts ca his or their part. The place or places 
cf reception and deposit cf. and to which sucti 
offal, dead animals, nigOt soil and other re- 
fuse ma*:':er may be conveyed, may, from time 
•:o time be designated, and may be ordered 
changed by the beard cf health. 

Putrid (•ars’oes may be «les4i*o> e<l. 

Sec. 1,210. The beard of health, when it 
! shall judge it necessary, may cause any cargo, 
or part of cargo, cr any matter, or anything 
within the city that may be putrid cr otber- 
wi^se dangerous to the public health, to be de- 
stroyed or removed; such removal, when or- 
dered. shall bo to the place of deposit of- 
offal, dead animals, and refuse matter, or 
! such other place as the beard of health shall 
[direct; such removal or destruction shall be 
made at the expense cf the owner cr owners 
cf the property so removed or destroyed, and 
the same may be recovered from such owner 
or owners, in an action at law by. said beard 
cf health. 

Paviiitt' 1111(1 dvaiiiiiiu' nnd «*c1* 

!nrs; filling MTinkeii lotn: (Iralnas'o 
mill lutipK. 

, Sec. 3.21 5. N“o order for the pav ing, filling. 
(•oncreti ng. draining or regulating of- anv 
yards or cellars within the city shall be made 
except upon reasonable notice to the owner 
or ag ent thereof. No order for ihe filling 
of ^ny sunken lots within the city shall be 
made excem upon fifteen days’ notice to the 
owner or agent the reof. No order shall he 
made in anv of Ihe cases heretofore men- 
tioned in this section until after a r‘*asonabIe 
opportunity to be heard before the commis- 
si onerofbealthhas been given to the owner 
or hie agent and in every such case the board 
of health shall furnish promptly upon appli- 
cation by the owner or occupant of any lot, 
building, house or other structure, the name 
of the sanitary inspector making the com- 
plaint. Whenever in the opinion of the 
hoard of health the protection of the public 
health requ.'ree the drainage of any lands in 
the city, by means ether than sewers, the said 
board may make an erder describing the loca- 
tion of such lands, and directing the proper 
drainage thereof, and construction of drains 
therefor, by the [commissioner or commis- 
sioners of the department cf said city having 
jurisdiction to construct eewers in that part 
of the city] presid^t of the borough 
where such drainage is so required. 
The board of heal'th shall thereupon cause a 
map to be made, whereon shall be shown the 
location of such proposed drains, and the 
landfi required for the construction thereof. 
Such order shall be entered a: length in the 
records of such department of health, and 
such map shall be filed in said department; 
a copy thereof shall be filed in tbe office of 
the register or county clerk of the county in 
which the lands are situated. The board of 
health shall cause another copy of such order, 
to be delivered to the [commissioner or com-' 
missioners of the department of said city] 
preside nt of the borough, where such drain- 
age 13 requ ired, who shall, by such order be 
required to construct such drain.s, and the 
said [commissioner or commissioners of said 
department] president, with whom a copy of 
the said map and order shall be so filed, shall 
immediately thereafter have the power, and 
[said department] is hereby directed to 


THE CHARTER OF THE CITY OF NEW YORK. 




make and adopt proper and suitable plans for 
the construction of such drains. 

-Veiin I mI t Ion of riglilN in lan<l.«i. 

Sec. 1,211). It shall be the duty of such 
[department], borough president, upon the 
receipt of such map and order, and im- 
mediately after [It] he has made and 
adopted suitable plans for such drains, 
through the corporation counsel of said city, 
to take Immediate and proper proceedings 
for the acquirement of a right of way over, 
under, or through the lando shown upon said 
map to be necessary tor such drains, and it 
shall be the duty of such corporation counsel 
immediate. y to take such proceedings and 
conduct them to a speedy determination. 

1 ( 1 , 1 proreeillns's tliercin. 

Sec. 1,217. The right of way over, under or 
through the lands so required for such drains 
shall be taken and acquired in the manner re- 
quired by law for acquiring title to lands in 
said city to be used as public streets. Pro- 
vided, however, that the time' or times pro- 
vided in such law ror the giving or publica- 
tion of any notice shall for the purposes of 
this section, be reduced one-half, and the 
time for the sitting of the commissioners of 
estimate and assessment to hear objections 
to their report is, for the purposes of this 
section, hereby made two days in the place of 
ten days. Any maps, plans or surveys, that 
may be required for the use of the commis- 
sioners of estimate and assessment to be ap- 
pointed in Tdcn proceeding, shall be furnished 
by the borough president [department] 
charged with tlie construction of the drains 
and shall be prepared and made by surveyors 
in the regular and stated employment of such 
borough president [department]; neither 
the expense of such survey, nor any 
other expenses other than the fees of the 
commissioners of estimate and assessment, 
attending the proceeding, and their neces- 
sary disbursements ror clerical services in 
carrying out the provisions of this section, 
which clerical expenses shall not exceed the 
sum of two hundred and fifty dollars, and 
also for advertising, printing, or posting and 
notices required bylaw and forany other neces- 
sary incidental expense a sum. not exceeding 
one hundred dollars, shall be included in the 
assessment that may be made by such com- 
missioners of estimate and assessment. The 
corporation counsel shall nit be entitled to 
any compensation for services to be rendered 
by him in such proceeding other than his 
stated salary. Tne commissioners shall each 
be entitled to receive the following rates as 
compensation for their services in full: 
Where the drain to be constructed is flve hun- 
dred feet or under in length, the sum of 
twenty-five dollars: where the drain exceeds 
five hundred feet in length, twenty-five dol- 
lars. and in addition inereio flve cents per 
foot for each running foot of drain in excess 
of flve hundred feet, but the compensation of 
each commissioner shall in no case exceed 
two hundred and fifty dollars. 

III.! conflrnintioii of report of (‘oiiiiiiin- 

Mloiier-n, ooiistriiftioii iiiiil (nxntloi). 

Sec. 1,218. Upon the confirmation of the re- 
port of the commissioners of estimate and 
pssessment by the court, the [commissioner of 
Ihe department in said city having the charge 
of the construction of such drains as herein 
proposed,] president of the borough with- 
in which such lands are located shall have 
the power, and he is hereby directed to im- 
mediately make and construct said drains. 
The necessary cost of such drains, together 
with necessary expenses of levying the as- 
sessment therefor, shall be levied, assessed 


and collected, as provided by section one hun- 
dred and seventy-nine of this act. 

-lleiiMureK to prevent tlie Niireuil i»" 
iliKeiiMe. 

See. 1,219. It shall be the duty of the board 
of health: 

1. To cause any avenue, street, alley, or 
other passage whatever to be fenced up or 
otherwise inclosed. If it shall deem the 
public safety requires it, and to adopt suit- 
able measures for preventing all persons 
from going to any part of the city so in- 
closed. 

2. To forbid all communication with the 
house or family infecte<l with any con- 
tagious, infectious, cr pestilential disease 
e.xcept by means of physicians, nurses, or 
messengers to carry the necessary advice, 
medicines and. provisions to the afflicted. 

3. To adopt such means for preventing all 
communication between any part of the 
city infected with a disease of a pestilen- 
tial. infectious, or contagious character and 
all other parts of the city, as shall be 
prompt and effectual. 

111.: procluinnt lull. 

Sec. 1,220. The board of health may issue 
a proclamation declaring any place where 
there shall be reason to believe a pestilential, 
contagious or infectious disease actually ex- 
ists, to be an infected place within the mean- 
ing of the health laws of this state. Such 
proclamation shall fix the period when it shall 
cease to have effect; but such period, if the 
said board shall judge the public health to re- 
quire it, may from time to time be extended 
by the board of healtb. and notice of such ex- 
tension shall be published in one or more 
of the newspapers of this city. The board of 
health may in its discretion prohibit or regu- 
late the internal intercourse by land or water 
between the city of Xew York and such in- 
fected place; a;id may direct that all persons 
who shall come into the city, contrary to It.s 
prohibition or regulations, shall be appre- 
hended and conveyed to the vessel or place 
whence they last came; or. if sick, that they 
be conveyed to such place as the said board 
shall direct. After such proclamation shall 
have been issued, ail vessels arriving in the 
pert of New York from such infected place 
shall be subject to a quarantine of at least 
thirty days or until the period when such 
proclamation shall cease to have effect as pro- 
vided by the last preceding section, and shall, 
together with their officers, crews, passen- 
gers. and cargoes, be subject to all the pro- 
visions, regulations, and penalties in relation 
to vessels subject to quarautlne. 

\ OMselii reinovi-il. 

Sec. 1,221. The board of health shall also 
po-ssess and may e.xercise the following pow- 
ers: 

1. By order to direct any vessel lying at a 
place wkhin three hundred yards of any 
wharf, landing place or shore of said ci;y, 
and from which said board shall deem it 
probable that any infectious or contagious 
disease may be brought into said city, or com- 
municated to the inliabitants thereof, to be 
removed to the distance of at least three 
hundred yards from any wharf, landing place 
or shore of said city, within six hours after 
a copy of such order, certified by the secre- 
tary of said department, shall be delivered to 
the person or persons having command of 
sucCi vessel, or to the master, owner or con- 
signee thereof; and every sucAi person or per- 
son.?, master, owner or consignee to whom 
such copy of such order shall be delivered 
shall forthwith comply with the same. 

2. By order to direct to be remos'ed to a 
place to be designated by the board of health 


ail things within the city which, in its opin- 
ion, shall be infected in any manner-likely to 
communicate disease to tne inhabitants. 

Viiilnlloii i>t' orilerM! iiiiiilMlinieiit for. 

Sec. 1,222. Every person who shall violate, 
or neglect, or refuse to comply with any pro- 
vision contained in any of the [pre- 
ceding! last three sections, or in the 
orders made by the board of health, 
in pursuance thereof, shall be deemed 
guilty of ;i misdemeanor, and on con- 
viction thereof shall be punished by a fine 
not exceeding two hundred and fifty dollars, 
or imprisonment not exceeding six months, 
or bdth; and all such fines when collected 
shall be paid to the controller. Any viola- 
tion of the sanitary code shall be treated and 
punisbed as a misdemeanor, and the offender 
shall also be liable to pay a penalty of fifty 
dollar.s, to be recovered in a civil action in 
the name of the department of health of ih« 
city of Xew York. 

Service of orilern. 

Sec. 1,224. Service of any order of said 
board of health shall be deemed suffleient, if 
made upon a principal person Interested in or, 
upon a principal officer charged with duty in 
respect of the business, property, matter, cr 
thing, or the nuisance or abuse to which said 
order relates; or upon a person, officer or de- 
partment, or one of the department who may 
be most interested in or affected by ics exe- 
cution. If said order relate to any building, 
or the drainage, sewerage, cleaning, purifica- 
tion, or ventilation thereof, or of any lot or 
ground on or in which such buflding stands, 
used for, or intended to be rented as, the resi- 
dence or lodging place of several persons, or 
as a tenement house or lodging house, service 
of such order on the agent of any person or 
persons for the renting of such building, lot 
or ground, or for the collecting of the rent 
thereof, or of the parts thereof to which said 
order may relate, shall be of the same effect 
and validity as due service made upon ih« 
principal of such agent, and upon the owners, 
lessees, tenants, occupants of such buildings, 
or parts thereof, or of the subject matter to 
which such order relates. 

Vneeliinl ion. 

Sec. 1,225. For the purpose of more effect- 
ually preventing the spread of smallpox by 
the thorough and systematic vaccination of 
all unvaccinated persons, and for the relief 
of persons suffering with diphtheria and other 
infectious diseases, residing in said city, the 
beard of health is hereby empowered to con- 
tinue or organize a corps of vaccinators and 
of physicians, within and subject to the con- 
trol of the bureau of sanitary inspection, to 
[appeintihe necessary officers,] keep suitable 
records, collect and preserve pure vaccine 
lymph or virus, and produce diphtheria anti- 
texine and other antitoxines, and add to the 
sanitary code such additional provisions ae 
will most effectually secure the end in view. 
Said board of health may take measures and 
supply agents and offer inducements and 
facilities for general and gratuitous vaccina- 
tion, disinfection and for the use of diphtheria 
autitoxine and other antitoxines and may 
afford relief to and among the poor of said 
city as in its opinicn the protection of the 
public health may require. 

Sale i>r lyiiiiili anil ant Itoxiiie. 

Sec. 1,226. Whenever the amount of vac- 
cine lymph, or virus, collected by the said 
corps, or of diphtheria antitoxine, and other 
antitoxines produced, shall exceed the 
amount required in the proper performance 
of its duties, the said board of health mey 


134 


THE QUARTER OF THE CITY OF NEW YORK. 


authorize the sale of such surplus lymph or 
virus, and diphtheria antUoxine, and other 
antltoxines at reasonable rates, to be fixed by 
t])e board of health. The avails of such lymph 
or virus, and diphtheria antitoxine, and other 
antltoxines, shall be accounted for and paid 
to the chamberlain, [and shall be set apart 
and constitute distinct funds, to be known re- 
apectlvely as “the fund for gratuitous vaccina- 
tion,” and “the antitoxine fund,” and they 
shall be subject to the requisition of th.e board 
of health for the purposes named in the pre- 
ceding section. ] 

KxtenMioii of proelaiiinlloii period. 

Sec. 1,228. Whenever it shall appear to the 
board of health that any of the provisions of 
this title, limited in their operations to a cer- 
tain period of the year, or designated periods 
of time, ought to be extended, the said board 
of health shall issue its proclamation extending 
such provisions to such a time as shall be de- 
termined on, and such provisions shall there- 
upon be extended accordingly and with the 
like effect as if the periods mentioned in such 
proclamation, had been originally therein en- 
acted. If it shall appear to the board of 
health while such proclamation is still in 
force, that the necessity of extending the per- 
iod therein named has ceased, the beard of 
health, by a new proclamation declaring that 
fact, may revoke the proclamation issued pur- 
suant to this section, which shall then cease 
to have effect. 

lleniiHloiis. 

Sec. 1,229. The word "nuisance,” as used in 
this act, shall be held to embrace public nui- 
sance, as known at common law, or in equity 
Jurisprudence; and it is further enacted that 
whatever l.s dangerous to human life or detri- 
mental to health; whatever building or erec- 
tion, or part or cellar thereof, is overcrowded 
with occupants, or is not provided with ade- 
quate ingress and egress to and from the 
same, or the apartments thereof, or is not 
sufficiently- supported, ventilated, sewered, 
drained, cleaned, or lighted, in reference to 
their or its intended or actual use; and what- 
ever renders the air or human foed or drink, 
unwholesome, are also, severally in contem- 
platicn of this act, nuisances; and all such 
nuisances are hereby declared illegal; and each 
and all persona and corporations who created 
or contributed thereto, or who may support, 
continue or maintain or retain them, or any 
of the-m, shall be jointly and severally liable 
for, or toward, the expense of the abatement 
and remedying of the same; but as between 
tbemselvee, any such persons and corporations 
may enforce contribution or collect expenses, 
according to any legal or equitable relations 
existing between them; but nothing herein 
contained shall annul or defeat any common 
law liability or responsibility in respect of 
nuisances. Whenever the words “place, matter 
or thing,” or either two of said words, are used 
in this act, or in titles one, four and five of 
this chapter, they shall, unless the sense 
plainly requires a different construction, be 
construed to include wbatever is embraced 
in the enumeration tvith which they are con- 
nected. '' 

TITLE 2. 

MARni.\GES, BIRTHS VXD DEATHS. 

I’ersoiiN Noleiunlzlng: iiiarriases to 

keep a rcgrlslry. 

Sec. r,236. It shall be tbe duty of the cler- 
gymen, magistrates, and other persons who 
perform the marriage ceremony in the city of 
New York, to keep a registry of the mar- 
riages celebrated by them, which shall con- 
tain. as near as the same can be ascertained, 
the name and surname of the parties mar- 


ried; the residence, age, and condition of 
each; whether single or widowed. 

Births to ho rei»orte«l. 

Sec. 1,237. It shall be the duty, of the par- 
ents of any child bora in said city (and If 
there be no parent alive that has made such 
report, then the next of kin of such child 
born), and of every person present at such 
birth, within ten days after such birth, to 
report to the department of health In writing, 
so far as known, the date, borough, and street 
number of said birth, ana the sex and color 
of such child born, and the names of the par- 
ents. It shall also be the duty of physicians 
and professional midwives to keep a registry 
of the several births in which they have as- 
sisted professionally, which shall contain, 
as near as the same can be ascertained, the 
time of such birth, name, sex and color of the 
child, the names and residence cf parents, 
and to report the same within ten days to tne 
department of healtn. 

Doallis to lie reported. 

Sec. 1,238. It shall be the duty of the next 
of kin cf any person deceased, and of each 
person being with such deceased person at 
his or her death, [and of the person occupying 
or living in any house or premises in or on 
w'hich any person may die], to report in writ- 
ing, to the department of health, within five 
days after such death, the age, color, nativity, 
laat occupation and cause of death of such 
deceased person, and the borough and street, 
the place of such person’s death, and last 
residence. Physicians who have attended de- 
ceased persons in their last illness shall, in 
the certificate of the decease of such persons, 
specify, as near as the same can be ascer- 
tained, the name and surname, age, cccup.x- 
tlon, term of residence in said city, place of 
nativity, condition of life; whether single, 
married, w’idow, or widower; color, last place 
cf residence, and direct and Indirect cause 
of death of such deceased persons, and the 
coroners of the city, in such cases as an in- 
quest may have been held, shall, in their cer- 
tificates, conform to the requirements of this 
section. 

Penalty for failure to report ninr- 

rlas'es and blrthB to the department 

of Iienltli. 

Sec. 1,239. For every omission of any per- 
son to make and keep the registry of marri- 
ages and births required by the preceding 
sections, and for every omission to report 
a written copy of the same to said department 
of health, within ten days after any birth or 
marriage provided to be registered, and for 
every omission to make the report of any 
death, birth or marriage, the person guilty 
of such omission shall be guilty of a misde- 
meanor; and, in addition thereto, the offender 
shall also be liable to pay a fine of one hun- 
dred dollars, to be recovered in the name of 
the department of health of the city of New 
York, before any justice or tribunal in said 
city having jurisdiction of civil actions. But 
no person shall be liable for such fine, or sub- 
ject to arrest and imprisonment for not mak- 
ing the report therein required, if such report 
has b een made by any other person, or it 
an excuse is presented to the [board] com- 
missioner of health for such omission which 
the said [board] commissioner shall decide 
to be sufficient, in which event the said 
[board] commissioner of health is hereby 
empowered to excuse the said omission. 

Record of births, marriages and 

dentils. 

Sec. 1,240. The department of health shall 
keep a record of the births, marriages and 
deaths reported to it; the births shall be 


numbered and recorded in the order in which 
they are received by it; and the record of births 
shall state, in separate columns, the place 
and date of birth, the name, sex and color of 
the child, tbe names and residence cf the 
parents, as fully as they have been received, 
and the time when the record was made. The 
marriages shall be numbered and recorded in 
the order in which they are received by the 
department; and the record thereof shail 
state, in separate columns, the date of mar- 
riage, name, residence and official station, if 
any, of the persons, by whom married, the 
names and surnames of the parties, age, the 
color and conditions of each; whether single 
or widowed, and the time when the record 
was made. The deaths shall be likewise 
numbered and recorded, and the record there- 
of shall state, in separate columns, as far 
as the same is reported, the date of decease, 
name and surname, condition, whether sin- 
gle, married cr widowed, age, place of birth, 
place of death, occupation, names of the par- 
ents, when an infant without name; disease, 
direct cr indirect cause of death, color, and 
last place of residence of such deceased per- 
son, and the time when the record was made. 
Said department shall perform all the duties 
of this section imposed, as a part of its reg- 
ular duties, and no fees shall be demanded 
or received by reason thereof. 

Registration of births not iirevioiisly 

rccorclcil. 

Sec. 1,241. The births of the children of 
actual residents of the erty of New York 
which may have occurred during the tem- 
porary absence of the parents of such chil- 
dren from the city of New York, and the 
births of children which failed to be re- 
corded through the neglect of the physician 
or other medical attendant present at such 
birth, may be recorded in the bureau of 
records of the health department of said city, 
in a special book, to be kept for such purpose, 
upon the application in such behalf by the 
parents or guardians of such children. Such 
application shall be made to the [board] 
commissioner of health, and shall be 
accompanied by a certificate of the phy- 
sician or midwife attending profession- 
ally at such birth and personally cog- 
nizant thereof, together with the affidavit 
of at least two citizens, certifying to their 
knowledge of the tacts, and that the phy- 
sician or midwife making suen. certificate 
of birth is a reputable person in good stand- 
ing in the community in which he or she may 
reside. No change or alteration shall, at any 
time, be made in any of the records of the 
said bureau of records in said city without 
proof satisfactory to and upon the approval 
of the said [board] commissioner of health. 
Transcript of any record in said bureau of 
records may be given, in the discretion of 
the department of health, to a parent or the 
next of kin of any person authorized to ap- 
ply for the same, but no transcripts of false 
or fraudulent returns made to the said bureau, 
nor of the entries thereof, shall be given; 
and they shall be canceled upon due proof 
of the facts to the department of health. 
Transcripts of these records when required 
shall be on such forms as the [board] com- 
missioner of health may prescribe, and for 
them the usual fees for copies of records may 
be received., 

TITLE 3. 

DITIES OF PHYSICIAXS AXD OTHERS. 

Report of pestilential. Infections auA 

contagions fliscases; ileaths. 

Sec. 1,247. It shall be the duty of each and 


THE CHARTER OP THE CITY OF NEW YOIUC. 


135 


every practicing pbyaician in the city of New 
York: 

1. Whenever required by the department of 
health to report to said department, at such 
times, in such forms and in reference 
to such d iseases as said department may 
prescribe, the number of persons attacked with 
any pestilential, ccncagicus, infectious disease 
attended by such physician for the twenty-four 
hours next preceding, stating "the name of 
such patient and the name and place where he 
shall then be; and the number of persons at- 
tended by such physician, who shall have died 
In said city, during the twenty-four honrs next 
preceding such report, of any such pesiiiential, 
con'tagious or infectious disease. 

2. To report. In writing, to the said deixirt- 
ment e^'ery patient he shall have laboring 
under any such pestilential, contagious, or 
infectious disease, and within twenty-four 
hours after he shall ascertain or suspect the 
nature of the disease. 

3. To report to the said department when re- 
quired by it the death of any of his patients 
who shall have died of disease within twenty- 
four hours thereafter and to state in such re- 
port the specific name and type of such dis- 
ease. 

Afndavlt may be requireil. 

Sec. 1,248. The department of health may re- 
quire of any physician not less than three 
hours after service of a demand thereof upon 
him, an affidavit, stating therein whether be 
has or has not any patient, who, in his opinion, 
shall then be sick of such a pestilential, con- 
tagious or infections disease, and if he has any 
such patient, to state in such affidavit his or 
her name, and the house or place in said city 
where he cj she shall then be, and ihe nature 
or name of such disease, to the best of his 
knowledge and belief. 

Penalty for falling to report. 

Sec. 1,249. Every practising physician who 
shall refuse or neglect to perform the duties 
enjoined on him by the foregoing section shall 
be considered guilty of a misdomeancr, and 
shall also forfeit for each cffense the sum of 
two hundred and fifty dollars, to be sued for 
and recovered by the department of health. [It 
shall be the duty of each visiting, hospital and 
consulting physician to make an immediate 
report to the department of health of the name 
of every practising physician by whom he shall 
have reason to believe the provisions of said 
section have been violated; and if such physi- 
cian stiall neglect cr refuse to perform his 
duty.the department shall order him to be sus- 
pended from any office he may hold, and he 
shall, moreover, be liable to such further pen- 
alty and to such prosecutio-n for his violation 
of this law and of his duty as the beard of 
health shall determine.] 

Boarding and lodglng-bonse keepers 
niay be required to report. 

Sec. 1,250. Every person keeping a board- 
ing or lodging house in the city shall, when- 
ever required by the department of health, 
repo’rt, in writing, to the department the 
name of every person who shall be sick in 
his house within twelve hours after each 
case of sickness shall have occurred. 

Masters, etc., of vessels to report. 

Sec. 1,251. Every master, owner or con- 
signee of a vessel lying at a wharf or in 
the harbor of the city of New York, shall 
make a like report, and within the same 
period, of the name of every sick person on 
hoard of such vessel; and no person shall be 
removed therefrom w'ithout a written permit 
for that purpose from the department of 
health. 


TITLE 4. 

LEG.AL PROCEEDINGS .\XD PCXISH- 
MEXT FOR DISOBEDIEXCE OF 
ORDERS .\XD ORDIXAXCES. 

Orders for examiiintluu before justice 
of supreme court. 

Sec. 1,257. -Any Justice of the supreme 
court of the first or second department, or 
who is holding court or chambers therein, 
upon the written application of the [board] 
commissioner of health, may issue his order 
by him subscribed, for the examination with- 
out unreasonable delay by or before such jus- 
tice of any person or persons, and the produc- 
tion of books or papers, or the inspection and 
taking of copies of the whole or parts thereof, 
at a 'time and place within said city, and in 
said order to be named, provided it shall ap- 
pear to the satisfaction of said justice or 
court that any matter or point affecting life 
or health is involvedj_ and it shall be 
the duty of such justice to take or superin- 
tend such examination, which shall be under 
oath, and shall be signed by the party or 
parties examined and be certified by said 
justice, and with any copies of books or pa- 
pers, to be delivered to said health department 
for the use of said department. -And such 
examination, and any proceeding connected 
therewith, or under said order, may wholly 
or in part be had, conducted or continued 
by or before any other of said justices, as well 
as that one who made said order; and in and 
about the same, every such justice shall have 
as full power and authority to punish for 
contempt and enforce obedience to his said 
or other order or directions respecting the 
matter aforesaid (or that of any other judge), 
as any such justice of the supreme court may 
now have or shall possess to enforce obedi- 
ence or punish contempt in any case or mat- 
ter whatever. Such application shall name 
or describe the person or persons whose ex- 
amination is sought, and, so far as possible, 
the books or papers desired to be inspected 
and the matters or points affecting life or 
health as to which the [board] coi^ 
missioner of health requests the exam- 
ination to take place, and the jus- 
tice shall, on the proceedings, decide what 
questions are pertinent and allowable in re- 
spect thereto and shall require the same to 
be properly answered; but no answer of any 
person so examined shall be used in any 
criminal proceeding. Service of any order 
of any such justice may be made and the 
same proved in the same manner as the 
service of either an injunction or of a sub- 
pena. And it shall be the duty of said justices 
to facilitate the early determination of the 
aforesaid proceedings. 

.Appearance and examination of vvlt- 

uesses. 

Sec. 1,258. Upon the application of any par- 
ty in interest in any matter pending exam- 
ination before said department of health, by 
affidavit, stating the grounds of such appli- 
cation, to any judge of a court of record, and 
asking that any per-on or persons therein 
named shall appear before said department of 
health, or any person taking or about to take 
such examination, at some time or times and 
place to be stated In the said affidavit, it 
shall be the duty of such judge, if he shall 
discover reasonable cause so to do, to is;ue 
his order requiring such person or persons 
named to appear and submit to such exam- 
ination as, and to the extent, such order may 
state, at the time and place to be in said or- 
der named; and such order, signed by such 
judge, may be served, and shall in all respects 
be obeyed as a subpena duly issued; and a re- 


fusal to submit to the proper examination 
may be punished by such judge or by any 
judge of such court as a contempt of court, 
upon the facts as to such refusal being 
brought before any such judge by affidavit. 

The health <lei»nrtment as party plala- 
tilY and defendant. 

Sec. 1,259. In all actions and proceedings 
heretofore commenced and now pending, 
against either of the cities of New York, 
Brooklyn or Long Island City or the town au- 
thorities and public officers in Kings and 
Richmond counties and the part of Queens 
county, now to form a part of the 
city of New York, or against the de- 
partment of health, board of health or 
sanitary officers in any part of said terri- 
tory, in which any action, order, regulation, 
ordinance or proceeding of any of the health 
departments, boards of health or sanitary offi- 
cers thereof, is called in question or made 
the subject of the action or proceeding, the 
department of health of the city of New York 
shall have the right to appear, answer and 
take part; and in all such actions and pro- 
ceedings hereafter commenced the said health 
department shall be a necessary party, and 
have the right to appear and to take part 
therein. The said department may institute 
and maintain all suits aud proceedings which 
are reasonable, necessary and proper, to car- 
ry out the provisions of the laws under which 
the said department acts, and may sue and ba 
sued by the proper name of the department 
of health of the city of New York. 

IiiJniietionM when not to he ifrnnted 
iiii'uinst tlepartinent. 

Sec. 1,260. No preliminary injunction shall 
be granted against the department of health, 
or its officers, except 'by the supreme court, 
at a special [or general] term thereof after 
service of at least [eight] fiv^days’ notice of 
a motion for such injunction, together with 
copies of the papers on which the motion for 
such -injunction, is to be made. Whenever 
said department shall seek any provisional 
remedy, or shall prosecute any appeal. It 
shall not be necessary before obtaining or 
prosecuting the same to give any undertak- 
ing. 

Proceedings presutneil legal. 

Sec. 1,261. In all judicial proceedings the 
actions, proceedings, auih-ority, and orders 
of said department shall at ail times be re- 
garded as in their nature judicial, and he treat- 
ed as prima facie just and legal. In any suit, 
the right of said department or the police 
department to make any order, or cause the 
execution thereof, shall be presumed. 

Violation of department orders, ac- 
tions for. 

Sec. 1,262. Whoever shall violate any pro- 
visions of this chapter, or any order of said 
department mad-e under the authority of the 
same, or by any law or ordinance therein 
referred to, cr shall obstruct or interfere with 
any person in the execution of any order of 
said department, or any order of th-e police 
department in pursuance or execution of the 
orders of the department o-f health, or wil- 
fully omit to obey any such order, shall be 
guilty of a misdemeanor, and be liable to be 
Indicted and punished for such offense; and 
in cases whore it was made a misdemeanor 
to do or omit any act or thing, when any 
power or authority hereby conferred upon the 
board cf h-eal-th or department of health, was 
exercised by any other board of heaHh or 
officers, the omission or doing of such, or a 
corresponding act or thing, which this chap- 
ter requlre-s, or contemplates to he done or 
forbids, shall in like manner be a misde- 
meanor, and the offender shall bl liable hi 


130 


THE CHARTER OF THE CITY OF >sEW I’CRH. 


indictment and piinisTiment for the eame. A 
willful omission or refusal of any individual, 
corporation, or body to conform to any regu- 
lation of said department duly made for the 
protection of life or the care, promotion, or 
preservation of health, or the carrying out 
of the purposes of this chapter, pursuant to 
its po'wer or authority, shall be a misdemean- 
or, and the person or officers guilty thereof 
s'hall 'be llhble to indictment and punishment 
as for a misdemeanor. All prosecutions and 
oro'ceedings against any person for misde- 
meanor under this chapter may be had 
or tried before any judge r.r tri- 
bunal having jurisdiction of any misde- 
meanor within said city. Any person, cor- 
poration, or body which may have wilfully 
done or omitted any act or thing which is, 
in this chapter, or by any law or ordinance, 
or the sanitary code referred to, declared to 
be, cr to subject the party guilty thereof to 
punishment for a misdemeanor, shall, in addi- 
tion thereto, be subject to a penalty of two 
hundred and fifty dollars, to be sued for and 
recovered by said department in any civil 
tribunal in said city. Where in any case 
the minimum penalty for a refusal to obey, 
or for a violation of any order, regulation, or 
ordinance of said department of health, or 
any law. is not fixed, the amount recovered 
in such case shall not be le'ss than twenty dol- 
lars, and the judge cr justice who presided at 
a trial where such penalty is claimed shall, 
on said trial, in writing, fix the amount, not 
contrary to , said provisions, of said penalty 
to be recovered, and shall direct such amount 
so fixed to be, and it shall be included in the 
judgment. Any such suits may be against 
one or more, or all of those who participate 
in the act, refusals, or omissions complained 
of, and the recovery may be against one or 
more of those joined in the action as the 
justice of the court shall direct. The provis- 
ions of this section as to the jurisdiction of 
tribunals, parties and costs shall apply to all 
suits by .said department or [its assignee, or 
the assignees of] by the police department 
under this chapter. ,'\.ll processes and papers 
usual or necessary in the commencement and 
prosecution of actions, or for the collection of 
money in suits or pro'ceedings under this 
chapter, on execution, may be served by any 
policeman, aud in and about such matters the 
policeman so engaged shall have all the pow- 
ers of marshals and no fees shall be charged 
by . any court, magistrate, or clerk for the is- 
sue ot any paper or process, or the perfor- 
mance of any duty in suits under this chapter. 
Any civil action brought under or by author- 
ity of this chapter may be brought in any 
court in said city, having jurisdiction in 
any civil action to an amount as large as is 
demanded in such action; and if judgment 
be rendered for the plaintiff in any amount, 
costs of the court in which action is brought 
shall also be recovered, without reference to 
the amount of the recovery, provided payment 
was demanded before suit brought, and 
the defendant or defendants in the action 
against whom the recovery Is had, did not. as 
the code of civil procedure authorizes, offer to 
pay an amount equal to the recovery against 
him or them, except that in cases where the 
recovery shall be less than $50, the amount of 
costs shall be $10; and in case no recovery is 
had, the plaintiffs shall not pay costs unless 
the judge or justice, at the conclusio'n of the 
trial, shall certify in writing that there was 
not reasonable cause for bringing the action, 
and in such case the costs shall not exceed 
$10, unless the amount claimed exceeded $50. 
No action shall abate, or right of action al- 
ready accrued be abolished, by reason of the 
expiration, repeal or amendment of an ordi- 
nance, code or sanitary ordinances, or regula- 
tion of said department; ncr shall any court ‘ 


lose jurisdiction of any action by reason of a 
plea that title. to real estate is involved, pro- 
vided the defendant is sought by the plead- 
ings to be charged in said action on any of 
the grounds mentioned in this chapter, other 
than by virtue of ownership of such real es- 
tate. In respeat to all proofs and proceed- 
ings by said department, or its agents or 
officers, under this chapter, papers filed shall 
be deemed entered upon or in the minutes of 
the department. 

Ai'reMt.s for violation of I'nlea. 

Sec. 1,263. The board of health having first 
entered on the minutes of department of 
health, or filed in its records, what it may 
regard as adequate proof of a violation or re- 
sistance by any persons in said city, of any 
law or ordinance, the authority relating to 
which is given to said department, or of any 
order made by said board or said department, 
may order, by warrant, under its seal and 
attested by the signature of its secretary, and 
indicating, as far as conveniently practicable, 
the time, place and nature of the offense com- 
mitted, the arrest of any such person, and 
such order of arrest shall be of the same 
effect and shall be executed as a warrant 
fro'm a justice or judge, duly issued; and the 
party arrested shall be taken before a magis- 
trate, and thereupon and thereafter shall, by 
all officers, be treated as being, and have the 
rights and liability o-f a party under arrest 
by order of the proper officer or tribunal, for 
a misdemeanor, of the nature indicated in 
said order of arrest. 

111.; by member of police force or of- 
ficer of ilepartmeiit of benltb. 

Sec. 1,264. Any member of the police force 
and every inspector or officer of said depart- 
ment of health, as the regulations ot either 
of said departments may respectively provide 
relative to Us own subordinates, may arrest 
any person who shall, in view of such member 
or officer, violate, or do, or be engaged in do- 
ing or committing in said city, any act or 
thing forbidden by this chapter, or by any law 
or ordinance, the authority conferred by which 
is given to said department of health, or who 
shall, in such presence, resist or be engaged 
in resisting the enforcement ot any of the 
orders ot said department or of the police de- 
partment pursuant thereto. And any person 
so arrested shall be thereafter treated and 
disposed of as any other person duly arrested 
for a misdemeanor. 

111.; upon complaint of mnpriHtrnte, 

trials, fines, etc. 

Sec. 1,265. Upon the complaint ol any citi- 
zen of the city, against any person for viola- 
tion of any rule, sanitary regulation, ordinance 
or order, made to any magistrate having juris- 
diction in criminal cases, such magistrate shall 
order the arrest of any person against whom 
such complaint is made, as in any other case of a 
criminal offense, and by his warrant may re- 
quire any policeman or constable to make 
such arrest, and may, after such arrest, 
proceed summarily to try such person for 
such alleged offense; but no such trial shall 
be had on any arrest made in the city without 
sufficient notice thereof being first given to the 
department of healib. And upon an applica- 
tion in behalf of said department, made before 
the trial is commenced, the trial of such per- 
son, together with the papers, shall be re- 
mitted to the court ot special sessions, upon 
which court jurisdiction to try such persons 
is hereby conferred; but the right of any per- 
son to elect to be tried before a jury, as it 
may now exist, is not affected by anything 
herein contained. If such person shall, upon 
such trial, be found guilty, he or she may be 
* punished in the same manner as is provided ! 


for the punishment of persons found guilty of 
a misdemeanor. Reports ot all such trials 
and of fines imposed, for violations ot this 
chapter, or the sanitary code, shall be made 
monthly to said department, but the justices 
before whom trials are had. But nothing in 
this section contained shall be construed as in 
any manner limiting any powers, penalty and 
punishment in this chapter elsew'here con- 
ferred. , - 

False retai-ns aiifi rteceptive reports; 

liow piinislieil. 

Sec. 1,266. If any person shall knowingly 
make to said department of health, or any of- 
ficer thereof, any false return, statement, . or 
report relative to any birth, death or mar- 
riage, or other matter concerning which a 
report or return may be legally required of, 
or should be made by, such person; or If any 
membei', inspector, or officer, or any agent 
of said department of health shall knowingly 
make to said department ot health any false 
or deceptive report, or statement in connec- 
tion with his duties, or shall accept or re- 
ceive, or authorize,'- or encourage, or know- 
ingly allow any other person to accept or re- 
ceive any bribe or other compensation as a 
condition of or an inducement for-, not faith- 
fully discovering and fully reporting, or other- 
wise acting, according to his duty in any 
respect, then any and every such person shall 
be deemed guilty of a misdemeanor, pumsh- 
able by imprisonment of not more th an one 
year or by a fine of not more than five hun- 
dred dollars and, if an officer or employe of 
the department, by the forfeiture of his offi ce 
rank or position, and shall be liable to be for 
such crime indicted, tried and punished ac- 
cording to law, and shall, in addition, forfeit 
all compensation due or to grow due from 
said department. 

False iiersouatlon as an oftieer of «le- 

pnrtiuent; penalty. 

Sec. 1,267. It shall be a misdemeanor, punish- 
able by imprisonment in the penitentiary, for 
not less than one year nor exceeding two 
years, or by a fine of not less than $250, for 
any person, not an officer of or under the au- 
thority of the department of health, to false- 
ly represent himself as such, with a fraudu- 
lent design upon persons or property, or to 
have, use. wear, or display, without author- 
ity, any shleid. or other insignia or emblem 
such as is worn by such officer. 

Boardinji' anil lodging; lioase keepers 

and niastei'H of vessels. 

Sec. 1,268. Every keeper of a boaiding or 
lodging-house, and every master, owner, or 
consignee of a vessel who shall refuse or neg- 
lect to obey the orders and directions of the 
department of health, as provided by this 
act, shall be considered guilty of a misde- 
meanor, and on conviction shall be fined- for 
each offense in a sum not exceeding $250, or be 
Imprisoned for a term not exceeding six 
months. 


01 iicei'.«t and 

promptly. 

inngistrntes 

to 

act 

Sec. 1,269. It 

shall be the 

duty 

of 


all prosecuting officers ot criminal courts 
and city magistrates to act promptly up- 
on all complaints, and in all suits or 
proceedings for any violation ot this chap- 
ter, and In all proceedings approved or pro- 
moted by said department, and to bring the 
same to a speedy hearing or termination and 
to render judgment and direct exitcution 
therein without delay. 


the charter of the city of new YORK. 


TITLE 5. 

UEIMBTRSEMEXT EOH EXPENSES. 

Joint and several liaUlllty or onners, 

lesHees. anil oeenimiitM of property, 

and aMsia'iinient of eluinis for ex- 

peiiHes of exeenti<»u of Girders tUereon 

Sec. 1,275. It is hereby declared to be the 
duty, of which there shall be a joint and sev- 
eral liability of every owner and part owner 
and person interested, and of every lessee, ten- 
ant and occupant of or in, any place, water, 
ground, room, stall, apartment, building, erec- 
tion, vessel, vehicle, matter and thing in said 
city, and of every person conducting or inter- 
ested In business therein or thereat, and of 
every person who has undertaken to clean any 
place, ground or street therein, and of every 
person, public officer and board having charge 
of any ground, place, building or erection 
therein, to keep, place and preserve the same 
and every part, and the sewerage, drainage and 
ventilation thereof in such condition, and to 
conduct the same in such manner that it shall 
not be dangerous or prejudicial to life or 
health, subject to the ordinances of the sani- 
tary code and the orders of the [board] de- 
partment of health. [Any claim for expenses 
1 onsequent upon the execution of an order 
of the board of health, occasioned by a vio- 
lation of said duty above declared and set 
forth, may be assigned by the board of health 
to any person not an officer of the health de- 
partment, who shall e.vecute such order and 
perform the required w'ork. ] 

On what expoiiaea to l»e a lien. 

Sec. 1,276. The expenses attending the exe- 
cution of any and all orders duly made by the 
[board] department of health shall re- 
spectively be a several and joint per- 
sonal charge against each of the own- 
ers or part owners and each of the lessees 
and occupants of the building, business, place, 
property, matter cr thing to which said order 
relates, and in respect of which said expenses 
were incurred; and also against every person 
or body who was by law or contract bound to 
do that in regard to such business, place, 
street, property, matter cr thing v^hlch said 
order requires, and said expenses shall also be 
a lien on all rent and compensation due, or to 
grow due, for the use of any place, room, 
building, premises, matter or thing to which 
said crder relates, and in respect of which said 
expenses were incurred, and also a lien on all 
compensation due, or to grow due, for the 
cleaning ct any street, place, ground or thing, 
or for the cleaning or removal of any mat- 
ter, thing or place, the failure to do which by 
the party bound so to do, or doing of the same 
In whole or in part by order of said depart- 
ment, was the cause or occasion of any such 
order or expense. 

Suit fur expeiiseM. 

Sec. 1,277. Said department of health, [its 
assignee, or the party who has under its 
order, or that of the police department, act- 
ing thereunder,] In case it has incurred any 
expense, or has rendered service for which 
payment is due. and as the rules of said de- 
partment of health may provide, may insti- 
tute and maintain a suit against any one in 
this chapter declared liable for expenses, or 
against any person, firm or corporation 
[owning], owing or who may owe such 
rent or compensation, and may recover the 
expenses so incurred under any order afore- 
said. And only one or more of such parties 
liable or interested may be made parties to 
such action as the department may elect, but 
the parties made responsible as aforesaid tor 
such expenses shall be liable to contribute or 
to make payment as between themselves, in 


respect of such expenses, and of any sum re- 
covered for such expenses or compensation, 
or by any party paid on account thereof, ac- 
cording to the legal or equitable obligation 
existing between them. 

Exiioitso of exeeiitliiK' orilers to lie a 

lien. 

Sec. 1,278. The said department, [its as- 
signee, or any person acting under its 
authority, in executing any order of said 
department,] shall have a lien for the 
expenses necessarily incurred in the ex- 
ecution of said order, and said ex- 
penses shall be a lien upon the land 
and buildings upon or in respect of which, 
or either of which, the work required by said 
order has been done, or expenses incurred, 
which lien shall have priority over all other 
liens and incumbrances, except ta.xes and 
assessments. But no such lien shall be 
valid for any purpose till the said department 
[or person] shall have caused to be filed in 
the office, or with the officer where notices of 
mechanics’ liens are now or may be hereafter 
required to be filed, a notice containing the 
same particulars as required to be stated with 
reference to mechanics’ liens, with the fur- 
ther statement that the expense has been in- 
curred in pursuance of an order of said 
department, and giving its date. Upon such 
filing the said officer shall make the same en- 
try on the book or index in which mechan- 
ics’ liens are entered as he is required to 
enter in cases of mechanics’ liens, together 
with a reference to said order by date, and 
thereafter the same shall, except as herein- 
elsewhere provided, have the same effect in 
ail respects as a mechanics’ lien, and all pro- 
ceedings with reference to said lien. Us en- 
forcements and discharge, shall be had and 
carried on in the same manner as similar pro- 
ceedings with reference to mechanics’ liens are 
now or may be hereafter by law had or carried 
on. The filing of such statement shall as to all 
persons have the same effect as filing of notice 
of mechanics’ liens; and unless within [two] 
six months after actual notice of such llling, 
proceedings are taken by the party against 
whom or whose said property a lien is claimed, 
to discharge such lien, the filing shall, as to all 
persons having such actual notice, become 
conclusive evidence that the amount claimed 
in such statement, v/ith interest, is due, and 
Is a just lion upon said land and building. 
Such lien shall continue to be a lien for ihe 
space of four years from the time of filing 
such statement, unless proceedings are in the 
meantime taken ,to enforce or discharge the 
same, which may be done at any time 
during Its continuance. In case proceedings 
are so taken, it shall remain a lien until the 
final termination of such proceedings; and if 
such proceedings shall result in a judgment 
for the amount claimed in such statement, or 
any portion thereof, such judgment shall, to 
such extent, be a lien in the same manner, 
and from the said time as said statement. 

t<<Hfeinent «f e.xpon.se of eYeeuliiig 
order.s <o l>e piiiil Islied. 

Sec. 1,270. When the department [board] 
of health shall, through its own officers, 
and men and means have executed, or 
so far executed as said department may 
require, any order, the expenses of such 
execution, giving in general terms the 
items of such expense and the date 
of execution, shall be stated In an affidavit, 
and the same shall be filed among the records 
of said department with the order so e.te- 
cuted; and said department shall take care 
by, or Through s-ome proper officer, or other- 
wise. that the expenses of such execution be 
so stated with fairness and accuracy; and 
when it shall appear that such execution, or 


the expenses thereof, related to several lots 
or buildings belonging to different persons, 
said affidavit shall state what belongs to, or 
arose in respect to each lot of said ceveral 
lots or buildings, as said department [board] 
of health or its authorized officer may direct; 
[and the correctness of such apportionment 
of expenses, as stated in any such affidavits, 
shall not bo called in question or reviewed 
elsewhere than before said board] ; and 
[but] said department [board] may revise 
(he correctness of such apportionment of ex- 
pen ses [and correct the same.] as truth and 
justice may require. Whenever the expenses 
attending the execution of any order of said 
department [board] of health may be made 
the subject of a suit by said department, [or 
Its assignee or the person l:aving a right to 
recover such expenses,] there may be 
joined in the same suit a claim or 

claims for any penalty or penaltie.s for 

violation of any provision of this chap- 
ter, or for the violation or omission to per- 
form or obey said order (or any prior order 
of said department), or for the not doing of 
that, or any portion of that, for the doing of 
which, said expanses arose or were incurred, 
[and said department may make an assign- 
ment of the claim for any such penalty or pen- 
alties, to enable the claim for the same and 
the claim for said expenses to be joined in the 
same suit;] and the proper joint or several 
judgment may be had against one or more 
of the defendants in the suit, as they or either 
of them may be liable in respect of botli said 
claims, or either or any of them. And said 
expenses of executing said order, and the 
expenses of executing any judgment in any 
abatement suit in this chapter provided for, 
and the several judgments that may be recov- 
ered, bereuhder, or otherwise, for any such 
penalty or expenses, or for both such penalty 
and expenses together, until the same are 
paid or discharged, shall be a lien as other 
judgments, and also a lien and charge upon 
rent and compensation due or then maturing 
from any tenant or occupant of the building, 
lots and premises, or the parts there- 
of to which any such order or judg- 
ment relates, or in respect of which any 
such expenses w^re incurred. .A.nd such ex- 
penses and judgments shall respectively be a 
lien on all compensation due or .to grow duo 
for the cleaning of any street, place, ground, 
or thing, or for the cleaning or removal of any 
matter, thing, or place, the failure to do 
which by the pariv oound so to do, or the 
doing of (be same in whole or in part by order 
of said department, was the cause or occa- 
sion of any such charge or expense. For the 
purpose of rendering such lien and charge 
more effectual to secure payment of any such 
expenses or judgment, from any rent or com- 
pensation aforesaid, proceedings may be taken 
as follows: 

1. The department of health [, or any person 
owning any such judgment, or the claim for 
any such expenses, or having a right to 
receive payment therefor,] may serve a copy 
of the order under or by reason of which such 
expenses were authorized cr incurred with 
a copy of any affidavit stating the expenses of 
the execution of such order, or if the claim 
be a judgment, may serve a transcript of such 
judgment and any affidavit showing the ex- 
pense of ita execution, if there be any, upon 
any person or corporation owing, or who is 
about to owe any such compensation, or ow- 
ing or about to owe any rent or compensation 
for the use or occupation of any grounds, 
premises or building, or any part thereof, to 
which said order or Judgment relates, and in 
respect of which such expenses embraced in 
said judgment r.^lyted or were incurred, auA 


TIIK CHARTER OF THE CITY OF NEW YORK 


lys 


may, at any time of such service, demand in I 
■writing that such rent, or any such compensa- I 
tion to the extent of said claims for said ex- 
penses, or cf any such judgment or expense 
in executing the same shall, when such rent 
or compensation becomes due and payable, be 
paid to the department cf health. 

2. After the service of the papers afore- 
said and such demand, any tenant, lessee, oc- 
cupant, or other person owing, or about to 
owe, any such rent or any such compensa- 
tion, shall, when such rent or any such com- 
pensation shall mature, or become payable, 
pay the same, and from time to time pay any 
other amount thereof, as the same may be- 
come due and payable, or so much thereof as 
Is sufficient to satisfy any such judgment or 
claim for expenses, or both, so served, to said 
department of health, and a receipt shall be 
given therefor, stating on account of what 
order or judgment and expenses the same has 
been paid and received; and the amount so 
received shall be deposited where other funds 
of said department are kept, to the special ac- 
count of such department. 

3. Any person or corporation refusing or 
omitting, as herein directed, to make such pay- 
ment to the department of health, after service 
of the paper and demand aforesaid, as herein 
required, shall be personally liable to said de- 
partment of health [or to the party owing 
any such claim for expenses or judgment, if 
not belonging to said department,] for the 
amount that should have been paid to said 
department according to the provisions here- 
of, and may by such [party or] healthdepart- 
ment be sued therefor; and such persons shall 
not in such suit, dispute or call in question the 
authority of said department of health to in- 
cur, or order such expense, [or of its as- 
signee therein], or the validity or cor- 
rectness of such expenses or judgment 
in any particular, or the right of the said de- 
partment [party making such demand, or 
his assignee,] to have the same paid from 
such rent or compensation. But the receipt 
of such department for any sum paid as afore- 
said shall, in all suits and proceedings, and for 
every purpose, be as effectual in favor of 
any person holding the same, as actual pay- 
ment of the amount thereof to the proper land- 
lord, lessor, owner, or other person or per- 
sons who would, but for the provisions of this 
title, and of said demand, have been entitled 
to receive the sum so paid. And it is further 
expressly declared that no tenant or occupant 
of any lot, building or premises, [or his or 
their assignee or lessee,] shall be dispos- 
sessed or disturbed, nor shall any lease or 
contract, or rights, be forfeited or impaired, 
nor any forfeiture or liability be incurred by 
reason of any omission to pay to any land- 
lord, owner, lessor, contractor, party, or other 
person, the sum so paid to said department of 
health, or any part thereof. 

Department to retain moneys till 

twelve days after notice. 

Sec. 1,280. The said department of health 
shall retain money so paid until twelve days 
after it shall be made to appear to said de- 
partment of health, or some proper officer 
thereof, by satisfactory affidavit, that the 
party or parties, or his or their agent for 
the collection of any such rent or compen- 
sation, who, but for the provisions hereof 
would have been entitled to receive the same, 
has bad written notice of such payment being 
made; and if at the end of said twelve days 
the party or parties aforesaid, so notified, 
have not instituted suit to recover said 
money, as hereinafter provided, then it shall, 
by said department, be paid to the 
city chamberlain, [any person who may 
•wn or have the right to recover the 


amount of the judgment or the claim for 
expenses, or so much thereof as the party 
may be entitled to. or on account of which 
the money wa.s paid to said department,] and 
after such payment the party or parties afore- 
said shall have no right to demand or re- 
ceive any such money, unless they shall with- 
in six calendar months from the expiration of 
said twelve days in a suit allege that they 
had no notice of such payment, and shall, on 
the trial of such suit, prove said allegation, 
and also that they were not liable to 
pay the said claim for expenses, or the said 
penalty or judgment, and that the said de- 
partment had not jurisdiction to order the 
expenses aforesaid, on account of which the 
money was so paid, or on which any such 
judgment was obtained, and in case of a re- 
covery in such suit it shall be only to the 
extent that such parties were not so liable, 
and in such suit any person or persons who 
may have received said money from said de- 
partment, or said department shall, by the 
plaintiff, be. made a party defendant; and if 
the plaintiff shall recover such money or any 
part thereof, said department of health shall 
be entitled to any equitable judgment in such 
suit which the court may see fit to direct for 
recovering said money back, or any pari 
thereof, from such co-defendant, which had 
been paid to him by said department of 
health. 

TITLE 6. 

.VnATEMEXT BY SlIT. 
Xuisiinec defliied. 

Sec. 1,287. A willful omission or refusal of 
any individual, corporation or body to forth- 
with abate any nuisance, as ordered by a reso- 
lution of the board of health, duly served 
upon them pursuant to the provisions of this 
act, or to conform to any ordinance of the 
sanitary code or any sanitary regulation of 
said board, duly made for the protection of 
life or the care, promotion or preservation of 
bealth, pursuant to its power or authority, 
shall be a misdemeanor, and the person or offi- 
cers guilty thereof shall bo liable to indict- 
ment and punishment as for a misdemeanor. 
In addition thereto every person, body or 
corporation that shall violate or not conform 
to any ordinance of the sanitary code, or any 
rule, sanitary regulation or special or general 
order of said board, duly made, shall be liable 
to pay a penalty not exceeding fifty dollar.^ 
for each offense, which may be sued for and 
recovered by ami in the name of said depart- 
ment of health with costs, before any justice 
or tribunal in said city of New York having 
jurisdiction of civil actions. 

Suits to abate uui.<iances. 

Sec. 1,288. Par the abatement or remedying 
any of the nuisances mentioned or declared in 
this chapter or by the boardof health pursuant 
to the authority devolved upon and conferred 
upon it by this act, the board of health may 
institute and maintain in any court in said 
city having jurisdiction in suits where the 
amount claimed exceeds one thousand dollars, 
a suit or suits at law or in equity. And all 
costs collected in any such action or proceed- 
ing shall be paid over to the department and 
accounted for by ft. To all such suits the 
provislO'US of this chapter, relative to juris- 
diction, costs, and parties, shall be applicable; 
and the courts shall allow the plaintiff, at any 
proper stage of the case, to amend, by join- 
ing other parties defendant; and no suit 
shall be dismissed or defeated by reason of 
there being other persons interested therein, 
or concerned in causing, creating or maintain- 
ing the nuisance complained of In such suit. 


I«l.; triul thereof. 

Sec. 1,289. Such suit shall be tried [as 
an issue of law and,] by the court 
without a Jury, unless, some defendant 
shall, in his answer, or by notice in 
writing to be served on plaintiff’s attorney 
within five days after service of said answer, 
demand a trial by jury on some question of 
fact, to be in said answer or notice distinctly 
stated, and In lespect of which a right of trial 
by jury exists, and if any such demand be so 
made and served, the case shall, as to all the 
defendants, be placed on the calendar of jury 
trial cases as a preferred case; and when 
moved for trial, if issues of fact for the jury 
have not before been settled, the presiding 
judge may state in writing the issues of fact 
to be submitted to the jury, or the trial shall 
proceed upon the material issues of fact made 
by the pleadings without such written state- 
ment of issues; and the judge who presided at 
the trial (or some judge of the same court, 
if said judge be unable to proceed therewith) 
shall, on receiving the verdict, or as soon 
thereafter, and at the same term, if possible, 
settle and cause to be entered the proper judg- 
ment in said suit. 

Id.; Jndgment; wliai to contain. 

Sec. 1,290. If the judgment be that any 
nuisance may be abated or remedied, in whole 
or in part, said judgment shall contain suf- 
ficient directions for its proper execution, and 
the judge shall, from the pleadings and the 
evidence given at the trial, find and state 
what proportion of the expense of such exe- 
cution shall be paid or be borne by each or 
all of the defendants, jointly or severally: 
and if, in the opinion of the court, any part 
of, or all of the expense of such execution 
should be borne by said department of health, 
©■r the execution of such judgment should be 
made by said department, or under its direc- 
tion, said judgment shall contain the appro- 
priate directions in respect to such last 
named payment or execution. Said Judgment 
it against any defendant, shall, on its face, 
state that it will be a lien on the real prop- 
erty, and corporeal hereditaments of such 
defendant or defendants respectively, to 
which the said nuisance shall have related, 
till his or their proportion of such expenses 
of execution are satisfied, or the lien thereof 
shall be otherwise discharged according to 
law. 

Lieu of Jailg'iueut; how removed. 

Sec. 1,291. Any person prejudicially affected 
by the lieu of any such judgment may, on 
[eight] five_ days’ notice to said depart- 
ment, make a motion before any judge 
of the court in which said judgment was 
rendered, for an order that the lien of 
such judgment be discharged as to all or any 
specific property set forth: and if it shall 
appear to such judge, on the hearing 
of such motion, that such [eight] five 
days’ notice of such motion has been given to 
the beard of health, and that such judgment 
has been executed, and the expenses paid, 
which the lien sought to be discharged, was 
designed to secure; or, it a proper or suf- 
ficient undertaking or bond, with sureties, 
shall be given for the payment of such ex- 
penses; or if the board of health or its coun- 
sel shall, in writing, consent to the discharge 
of the last named lien, as to any or all prop- 
erty referred to, or as to one or more defend- 
ants, then said judge may order said lien dis- 
charged of record by the proper officer, to 
the extent and as to the person or persons 
that the order shall specify; and it shall be so 
discharged; and such order and the moving 
papers shall be filed with the proper clerk, as 
the judge may direct. 


THE CHAKTER OF THE CITY OF NEW YORK 


139 


Appeals nn«l stays. 

Sec. 1,292. Xa appeal by any party defend- 
ant shall stay the e-xecirtion of any judg-ment 
aforesaid, except to the extent, in reference 
to the persons, and on the conditions the 
judge who tried the case, or, seme other 
judge of the same court, shall, on the eettling 
of the judgment, or cn motion, on four days* 
notice to said department of health, [with 
due reference to the public Intereists involv- 
ed,] specially order; and if no such order shall 
be made, the judgment ehall be executed, 
notwithstanding any appeal, undertaking, or 
security and without any liability on the pan 
of any persen by reason of any damages or 
ccuseciuences growing oat of the execution 
O'f caid judgment, whether the same be revers- 
ed cr not. All appeals by the deifendant from 
any judgment in the said abatement suits, shall 
be taken within [ten] thirty days after notice 
in writing, to the defendant or his attorney, 
of tlie entry of the judgment therein, and the 
judge who tries the case may, in his discre- 
tton, order a stay as to the execution of the 
judgment, but only for the period of the said 
[ten] thirty days. and within said 

period of [ten] thirty days an un- 
dertaking or security on appeal must 
be filed, of the form and obligation required 
in ordinary appeals from judgmeutn, but also 
to be conditioned for the payment cif the ap- 
pellants’ adjudged share of the expenses of 
executing cuch judgment, or if not estimated 
in eaid judgment, as the judge, cn applica- 
tion and three days’ nctice to said depart- 
ment, shall estimate the same, in confcrml- 
ty with the judgment, fer the purpose of eueb 
security on appeal. Dut the execution of any 
judgment agaicst the defendants shall not 
be delayed beyond [ten] thirty days, if 
within that period the proper undertaking or 
security on appeal, approved by the Judge, 
has not been filed and the appeal perfected, 
as herein provided. The judgment may state 
the estimated expense that will have to be 
paid by any party toward executing said 
judgment; but the beard of health may ap- 
peal in any such case, or any case to which 
the health department is a party within 
[ten] thirty days after the entry of any 
judgment, and without giving any security; 
such appeal shall be eficctual and shall 
operate as a stay on the part of the judgment 
in respect to which said department appeals. 

ClaliiiN for penalty may be joliieil in 

nbatcuicnt salts. 

Sec. 1,293. In any such abatement suit said 
department may join a cause of action for 
any penalty or penalties that may have been 
incurred by either of the defendants, by rea- 
son of. or in connection with, the nuisance 
complained of, or by reason of any omission 
or refusal of any defendant to obey or comply 
with any ordinance of the sanitary code or 
any order of the department of health touch- 
ing such alleged nuisance, and have the 
proper provision in any judgment therefor 
against one or more of the defendants. [No 
motion for a new' trial on a case made shall 
be entertained in any such abatement suit, 
except as a part of, and as arising upon the 
papers upon a regular appeal to the appel- 
late division of the court, and to be heard 
therewith.] 

Judgment of appellate dlvluioni what 

to contain. 

Sec. 1,294. The judgment of the appellate 
division, if it shall, to any extent, direct any 
change in the judgment appealed from, but 
shall direct, or allow or fail to forbid the Judg- 
ment in part to be executed, shall also con- 
tain the requisite .specific provisions, so that 
the judgment, as modified, may be executed, 


and the due proportion of the expenses of 
such e.xecution may be assessed on the de- 
fendants, respectively, or on said department, 
as the appellate division may adjudge. There 
may be an appeal from the appellate division 
to the court of appeals, in such abatement 
suit, and therein the provisions hereof as to 
appeals from the judgment to the appellate 
division, and as to mo security on appeal, 
shall in all particulars. Including the length 
of time given in which to take an appeal, 
apply, except that no undertaking on its ap- 
peal is necessary on the part of the depart- 
ment of health, and no change in the code of 
civil procedure, or otherwise, hereafter to he 
made, though in subject-maUer applicable 
to said abatement suits, shall be construed to 
modify the aforesaid or other provisions of 
the health laws as to any suits thereunder, 
unless such act shall specifically declare such 
modification to be intended. 

Sfafciiiont of expease of execatiou. 

Sec. 1,295. Upon the execution, in whole or 
in part, of any such judgment, if said depart- 
ment shall, as it is hereby authorized to do, 
decide the public interest to demand only 
execution in part thereof, a statement of the 
expenses of such execution shall be made, 
and such expenses shall be therein appor- 
tioned not contrary to any provisions of said 
Judgment; and upon the same being verified 
by the oath of [some person who, by due au- 
thority, took part in, or had charge of the ex- 
ecution of such Judgment, or by] some officer 
of said department, such statement, entitled 
in the case, may be filed or given to the prop- 
er clerk to be filed, with such judgment; and 
notice of such filing or delivery, and a copy of 
such statement shall be given to the attorneys 
of the defendant in the suit, or to the de- 
fendants themselves, or to some one of the 
Joint defendants; and unless within ten days 
after any such notice, such defendants shall 
give due notice, in writing, to said department, 
[or to the person who, as assignee, or by or- 
der, executed such judgment or is entitled to 
payment of such expenses, in case it was not 
executed by said department,] of a motion, and 
serve therewith copies of affidavits to correct 
such statement in particulars to be mentioned, 
and s. parately and clearly stated in such affi- 
davit, such statement aforesaid shall be, in ail 
suits, and proceedings, and tribunals, and at 
all times, deemed and taken to be final, conclu- 
sive and correct; and no formal defect in such 
statement shall in any wise vitiate the same. 
.\nd on any hearing of such motion, [any party 
in interest, or] said department may read affi- 
davits in support of such original statement; 
and the finding of any judge on the hearing 
of such motion, as the said statement of 
such expenses and other matters in such mo- 
tion involved, or statement contained, shall 
be final and conclusive and not subject to ap- 
peal, and such finding or statement as modi- 
fied by such finding when filed, shall be of the 
same effect as such original statement would 
have been had no motion In regard thereto 
been made; and for the purpose of an execu- 
tion for such expense and creating a lien un- 
der any judgment, such statements and find- 
ing or modified statement shall be regarded as 
a part of said judgment, and the lien there- 
of shall extend to any amounts stated in such 
final statement and finding. In so far as any 
judgment may be directed to be executed at 
the expense of said department of health, or 
by any party defendant at his own expense, 
and shall by such party defendant be so ex- 
ecuted, the expense of such execution shall not 
be stated or embraced In the aforesaid state- 
ment or finding of expenses; but if any part of 
the execution aforesaid, which any party 
should have borne or paid, shall, by reason ol 


the delay, refusal or defective act or execu- 
tion of such party, or any other cause, be paid, 
borne, or incurred by said department of 
health, in and about the execution of such 
judgpuent, then the said latter expenses of 
said department may be embraced in said 
statement and finding, and collected by exccru- 
tion as aforesaid. 

Execution tliei’eapon. v-im-'n' 

Sec. 1,296. For the proportion and amount! 
as authorized by such judgment and con- 
tained ‘n such finding or in such state- 
ment or modified statement, when either of 
the same shall have become final as aforesaid, 
said department [or any assignee of such 
department, or any other person who has ex- 
ecuted such judgment, or has otherwise • 
right to receive the expense of so doing, or 
the portion thereof that may be due from any 
defendant,] shall have execution, or applica- 
tion ex parte, to a judge of the court in 
which the judgment was recovered, and such 
execution shall, in due rerm, be allowed by 
any such judge; such execution to be against 
any one or more defendants or joint defend- 
ants for the recovery of any amount due 
from such defendant, or defendants, which 
the party claiming such execution is entitled 
to receive; and such execution, except as 
herein specially provided, shall be of the 
same effect and form as any execution duly 
Issued pursuant to any judgment. But no 
execution shall be Issued against any defend- 
ant for less than the whole sum due from 
such defendant, or for less than he shall be 
liable to pay in such suit; but any sum ad- 
judged against any defendant or defendants, 
in any such abatement suit for penalties, 
coets, or for other cause than the expense of 
the abatement or remedying of such nuis- 
ance, may be collected by separate or other 
executions, other than those authorized for 
collecting such expenses, to be Issued in due 
course of law. 

Injunction may be Kranted in abate* 

inent suits; reQuisites. 

Sec. 1,297. In any abatement suit aforesaid 
the court or a judge thereof, may issue and 
enforce an appropriate preliminary injunc- 
tion, whenever It shall be asked for. by the 
board of health, and there shall appear to 
such judge to be reasonable cause therefor; 
and such injunction may also be granted 
whenever it shall be made to appear to the 
court or a judge thereof, by affidavit, that 
such injunction is needed, to prevent any il- 
legal act, conduct, or business aforesaid, or it* 
continuance, or to prevent any serious danger 
to human life or serious detriment to health, 
or great public inconvenience, touching any 
matter or thing to which this chapter or the 
health laws aforesaid relate. And in any 
such injunction order the court may require 
any building, erection, or grounds to be put 
in a condition that will not be dangerous to 
the life or detrimental to the health of any 
occupant, before tho same shall be leased, or 
rented, or occupied, or before any rent or com- 
pensation shall be collected for the rent or 
use of the whole or any portion of the same. 
In any such Injunction order, and also in any 
judgment in any abatement suit, the judge 
or court may require the tenants, lessees and 
occupants or either or any of them, of any 
such building, erection, or grounds, to pay 
rent thereof, or compensation therefor, due or 
to grow due to the health department, and 
said department to collect and receive and 
apply said rent to the payment of the ex- 
penses of putting any said building, erection, 
or ground in a condition that will not be dan- 
gerous to the life or detrimental to the healtli 
of any present or future tenant, lessee or oc- 
cupant, or of any other person; all such col* 


THE CHARTER OF THE CITY OF NEW YORK. 


1-10 


lections and payments to be made in such 
manner, to such extent, and on such condi- 
tions as the court shall by order or judgment 
provide; and every such payment to said de- 
partment, and the receipt of its treasurer for 
such rent or compensation, snail be as effect- 
ual. to protect any person who has made tho 
same, and every such tenant, lessee and occu- 
pant, and ail his and their rights under any 
lease or occupation, as if such payment had 
been made to, and such receipt had been given 
by the lessor cr owner, or any proper claimant 
of any such rent or compensation, who had, 
but for such order or judgment, the right and 
authority to receive the same. But no under- 
taking or security shall be required or neces- 
sary on the part of said department as a 
condition of granting such injunction or the 
same being effectual; and in any final judg- 
ment in such suit there may be enjoined what- 
ever, it about to happen or threatened, would 
be the proper subject matter of a preliminary 
injunction. And when the public interest 
seems to the court to require a speedy trial 
or hearing of any such suit or appeal therein, 
it shall be the duty of any judge of any court 
aforesaid, or of the court to whom applica- 
tion by said board may be properly made, to 
cause such suit or appeal to be advanced and 
brought to a speedy trial, and before it would 
otherwise be reached by trial or argument 
In due course on the calendar, as the judge or 
court may by special order direct. 

Expenses* «if tlepurtnieiit of Iienith lo 

lie paid out of its fundi*. 

Sec. 1,298. Whatever expenses said de 
partment of health may lawfully and properly 
incur in the execution of any judgment afore- 
said. or in executing cr in connection with 
Its own orders, made in good faith, or in 
and about the discharge in good faith of its 
supposed duties, or in satisfying any liabil- 
ity cr judgment it may have in good faith 
incurred or suffered by reason of its acts done 
in good faith as aforesaid, or in satisfying any 
claim against its officers or subordinates, aris- 
ing from their acts in the discharge, in good 
faith of their supposed respective duties, shall, 
so far as established, be paid cut of its 
fund or other moneys appropriated to such 
purpose or to its use. 

TITLE 7. 

TE\EME\T .VM) l.OIJfJI.NG IIOI SES. 

Consitrnetiuii genornlly-; linlli* and 

xvind<m«, etc. 

See. 1,304. Every house, building or portion 
thereof, in the city of New York, used, oc- 
cupied, leased or rented for a tenement cr 
lodging house must conform in its construc- 
tion, appurtenances and premises to the re- 
quirements of this title, and its use and 
occupation shall be regulated subject to the 
ordinances of the sanitary code, applicable 
thereto, and the orders of the board of health 
duly made, pursuant to its authority, duty 
and powers conferred and enjoined upon it in 
this chapter. If occupied by more than one 
family on a floor, and if the halls do not open 
directly to the external air, with suitable 
windows, without a room or other obstruc- 
tion at the end, it shall not be used, occupied, 
leased or rented, unless sufficient light and 
ventilation is otherwise provided for in said 
halls, approved so far as relates to construc- 
tion by the bureau [department] of build- 
ings, and if the building be completed, ap- 
proved so far as relates to health and sani- 
tary conditions, by the board of health. 

Jlcfliiitioiia. 

Sec. 1,305. A tenement house within the 
meaning of this title shall be taken to mean 
and include any house or building or portion 


thereof, which is rented, leased, let or hired 
out. to be occupied, or is occupied as the 
home or residence of three families or more 
living independently of each other, and doing 
their cooking upon the premises, or by more 
than two families upon any floor, so living 
and cooking, but having a common right in 
(he halls, stairways, yards, water closets or 
jirivies, or some of them. A lodging house 
shall be taken to mean and include any 
house cr building, or portion thereof, in 
which persons are harbored, or received or 
lodged, for hire for a single night, or for 
less than a week at one time, or any part 
of which is let for any person to sleep in, 
for any term less than a week. .A cellar 
shall be taken to mean and include every 
basement or lower story of any building or 
house of which, one-half or more of the 
height from the floor to the ceiling, is be- 
low the level of the street adjoining. 

Itoofs and .stairii and Arc escape*. 

Sec. 1.306. The roof of every such house 
shall be kept in good repair and so as not 
to leak, and all rain water shall be so drained 
or conveyed therefrom as to prevent its 
dripping on to the ground or causing damp- 
ness in the walls, yard or area. All stairs 
shall be provided with proper banisters and 
railings and shall be kept in good repair. 
Every such house shall be provided with a 
proper fire escape or means of escape in case 
of fire, to be approved by the bureau [de- 
partment] of buildings. 

SleepiiiK; r<>*»nis; ventilation. 

.Sec. 1,307. Every house, building or portion 
thereof in the city designed to be used, oc- 
cupied. leased or rented, or which Is used, 
occupied, leased or rented for a tenement 
or lodging house, shall have in every room 
which is occupied as a sleeping room and 
which does not communicate directly 
with the external air. a ventilating or transom 
window, having an opening or area of three 
square feet, over the door leading into and 
connected with the adjoining room, if such 
adjoining rcom communicates with the e.x- 
ternal air, and also a ventilating or transom 
window/ of the same opening or area, com- 
municating with the entry or hall of the 
house, or where this is. from the relative 
situation of the rooms, impracticable, such 
last mentioned ventilating or transom window 
shall communicate with an adjoining room 
that itself communicates with the entry or 
hall. Every such house or building shall 
have in the roof, at the top of the hall, an 
adequate and proper ventilator, of a form 
approved by the ^rea^ [department] of 
buildings. 

AVater oluset.*. iiririo* and .sinks. 

Sec. 1.308. Every tenement and lodging house 
or building shall be provided with as many 
good and sufficient water closets, improved 
privy Sinks or other similar receptacles as 
tho department of health shall require, but 
in no case shall there b.e less than one for 
every fifteen occupants. The water closets, 
sinks and receptacles shall have proper doors, 
soil pipes and traps, all of which shall be 
properly ventilated to prevent the escape of 
deleterious gas and odors, soil pans, cisterns, 
pumps and other suitable works and fixtures 
necessary to insure the efficient operation, 
cleansing and flushing thereof. Every tene- 
ment or lodging house situated upon a lot 
on a street or avenue in which there is a 
sewer ^hall have a separate and proper con- 
nection with the sewer; and the water closets, 
sinks and other receptacles shall be properly 
connected with the sewer by proper pipes 
made thoroughly air tight. Such sewer con- 
nection. and all the drainage and plumbing 
work, water closets, sinks and other recep- 


tacles, in and for every tenement and lodging 
bouse shall be of the form, construction or 
arrangement, location, materials, workman- 
ship and description as may be required 
by the rules and regulations of the 
bu reau [department] of buildings of The 
City of New York. Every owner, les- 
see and occupant shall take adequate 
measures to prevent improper substances 
from entering such water closets or 
sinks, or their connections, and to secure tho 
prompt removal of any improper substancf; 
that may enter them, so that no accumu- 
lation shall take place, and so as to prevent 
any exhalations therefrom, offensive, danger- 
ous and prejudicial to life or health, and so 
as to prevent the same from being or be- 
coming obstructed. Every person who .ihall 
place filth, urine or fecal matter in any place 
in a tenement bouse other than that pro- 
vided for the same, and every person who 
shall keep filth, urine or fecal matter in bis 
apartment or upon his premises such length 
of time as to create a nuisance shall be 
guilty of a misdemeanor. No privy, vault or 
cesspool shall be allowed in, under or con- 
nected with any such house except when It is 
unavoidable, and a permit therefor shall have 
been granted by the department of health, 
and in such case it shall be constructed in 
such situation and in such manner as the 
bureau [department] of buildings may 
direct. It shall in all cases be water 
tight and arched or securely covered 
over, and no offensive smell or gases 
shall be allowed to escape therefrom, 
or from any closet, sink or privy. In 
all cases where a sewer exists in the street 
or avenue, upon which the house or building 
stands, the yard or area shall be connected 
with the sewer, so that all water from tho 
roof or otherwise, and all liquid filth shall 
pass freely into the sewer. Where there is no 
sewer in the street or avenue, or adjacent 
thereto, with which connection can be made, 
the yard and area shall be so graded that all 
water from the roof or otherwise and all 
filth shall flow freely therefrom into the 
street gutter by a passage beneath the side- 
walk, which passage shall be covered by a 
permanent cover, so arranged as to permit 
access to remove obstructions or impurities. 

Cellar* and basement* of tenement 

lionse* not to be oeeu|iled for living; 

liiiriiose*. except In certain ease*. 

Sec. 1,309. It shall not be lawful, without a 
permit from the [department] bureau 
of buildings, to construct, during the 
erection of a tenement or lodging bouse, 
nor ■ after the completion of ' such tene- 
ment or lodging house, any room or 
rooms in any basement or cellar to be occu- 
pied wholly or in part as a dwelling, nor shall 
It be lawful without a permit from the de- 
partment of health to let, occupy, or suffer 
to be occupied separately as a dwelling, any 
vault, cellar, or underground room, built or 
rebuilt after July first, 1867, or which shall 
not have been so let or occupied before said 
date. It shall not be lawful, without such 
permit, to let or continue to be let, or to oc- 
cupy or suffer to be occupied separately as a 
dwelling, any vault, cellar, basement, or 
room wholly or in part under ground, unless 
the same be in every par: thereof at least 
seven feet lo height, measured from the floor 
to the ceiling thereof, nor unless the same be 
for at least two feet of its height above the 
surface of the street or ground adjoining vor 
nearest to the same, nor unless there be out- 
side of and adjoining the said vault, cellar, 
-oom or basement, and extending along the 
entire frontage thereof, and upward from six 
inches below the level of the floor thereof 
up to the surface of said street or ground,’ an 


141 


THE CHAUTEIt OF 'I'lTE CITY OF NEW ’iORK. 


open space of at least two feet and six Inches 
wide in every part, nor unless the same be 
well and effectually drained by means of a 
drain, the uppermost part of which is one toot 
at least below the level of the floor of such 
vault, cellar or room, nor unless there is a 
clear space of not less than one foot below the 
level of the floor, except where the same is 
cemented, nor unless there be appurtenant 
to such vault, cellar or room, the use of a 
water closet or privy kept and provided as in 
this title required; nor unless the same have 
an external window opening of at least nine 
superficial feet clear of the sash frame, in 
which window opening there shall be fitted 
a frame filled with glazed sashes, at least 
four and a half superficial feet of which shall 
be made so as to open for the purpose of ven- 
tilation. In the case of an inner or back 
vault, cellar or .room, let or occupied along 
with a front vault, cellar or room, as part of 
the same lettiiig or occupation, it shall be a 
sufficient compliance with the provisions of 
this section if the front room is provided with 
a window, as hereinbefore provided, and if 
the said back cellar or room is connected 
with the front . vault, cellar or room, by a 
door, and also by a proper ventilating or 
transom window, and where practicable, also 
connected by a proper ventilating or transom 
window, or by some hall or passage communi- 
cating with the external air. In any area ad- 
joining a vault, cellar, underground room or 
basement, . there may be steps necessary for 
access to such vault, cellar or room, if the 
same be so placed as not to be over, across or 
opposite to the said external window, and so 
as to allow betw'een every part of such steps 
and the external wall of such vault, cellar or 
rooms a clear space of six inches at least, and 
if the rise of said steps is open; and provided 
further that over or across any such area 
there may be steps necessary for access to 
any building above the vault, cellar or room 
to which such area adjoins, it the same be 
so placed as not to be over, across or oppo- 
site to any such external window. 

Cellar* an«l vault* not to l»e n*ei1 for 

Mlceplng- room*. 

Sec. 1,.310. No vault, cellar or underground 
room shall be occupied as a place of lodging or 
sleeping, except the same shall be approved, 
in writing, and a permit given therefor by the 
board of health. No wall paper shall be placed 
upon a wall or ceiling of any tenement or 
lodging house, unless all wail paper shall be 
first removed therefrom, and said wall and 
ceiling thoroughly cleansed. Every tenement 
or lodging house, and every part thereof, shall 
be kept clean and free from any accumulations 
of dirt, filth, garbage or other matter in or on 
the same, or in the yard, court, passage, area 
or alley connected with it, or belonging to 
the same. The owner or keeper of any lodg- 
ing house, and the owner or lessee of any ten- 
ement house or part thereof, shall thoroughly 
cleanse all the rooms, passages, stairs, floors, 
windows, doors, wails, ceilings, privies, cess- 
pools and drains of the house or part of the 
house of which he is the owner or lessee, to 
the satisfaction of the department of health, 
so often as he shall be required by or in ac- 
cordance with any order of the board of 
health and any regulation or ordinance of 
said department, and shall well and sufficient- 
ly, to the satl.sfactlon of the said health de- 
partment, whitewash the walls and ceilings 
thereof once at least in every year. 

Transom*, wiinIoT**, door*, etc. 

Sec. 1,311. Ail transoms, windows, doors 
and other openings leading into balls, or Into 
rooms opening into halls, from bakeries or 
places of business, in which fat is boiled in 
the bassmeiiti, collars or on the first floors. 


I 


of all tenement houses in the city of New 
j York, shall be solidly closed with the same nia- 
I terial as the wails or partitions in which the 
! openings exist, so that there shall be no 
I opening between said bakerie.s, or O’ther places 
j of business of said floor in which fat is boiled, 
j and the ether parts of the teuemeiu house iu 
! which the same shall be situated. .\!1 tran- 
soms and windows opening into balls from any 
j portion of said floor of any tenement house 
i where paint, oils, spirituous liquors or drugs 
! are s>tored, or kept for the purpose of sale, or 
I otherwise, shall be glazed with wire glass, or 
they shall be removed .and closed up as solidly 
as the rest of the wall; and all doors leading 
into such hall, or room from .such portion of 
said floor, of said tenement house used as 
aforesaid, shall be made fireproof. 

Certain oi*ru|int ion* nii<I biisinosK pro- 

liibited In tcueiiient lioiise*. 

Sec. 1,312. Every tenement or lodging house 
shall have the proper and suitable conveni- 
ences or receptacles for receiving garbage and 
! other refuse matters. No tenement or lodg- 
j Ing hou.se or premises, nor any portion thereof, 

I shall be used as a place oi storage for any 
! combustible article, or any article dangerous 
to life or detrimental to health; nor shall any 
horse, cow, calf, swine, pig, sheep, or goat 
be kept in said house or on the premises 
thereof. No bakery or place of business in 
which fat Is boiled shall be maintained in any 
tenement house which is not fireproof, 
or where the ceiling and side walls of 
place where said fat boiling Is done 
are not made safe by fireproof material 
around the same, except by permit of and un- 
der such conditions as may be prescribed by 
the fire department; no part of any tenement 
house shall be used for the storage of feed, hay 
or straw, except by permit of and under such 
condition^ as may be prescribed by the fire 
department. 

Teiieinenl*. eto.. <« I»e cleun«c«l: owjs- 

or»' iinmo* to be reglMlcred lu depart- 
ment of benltb. 

Sec. 1,313. Every owner of a tenement or 
lodging house, and every person having con- 
trol of a tenement or lodging house, shall file 
in the department of health, a notice contain- 
ing his name and address, and also a descrip- 
tion of the property, by street number or 
otherwise, as the case may be, in such manner 
as will enable the department of health easily 
to find the same; and also the number of 
apartments in each house, the number of rcoms 
iu each apartment, the number of families 
occupying the apartments, and the trades or 
occupations carried on therein. In case of a 
transfer of any tenement house, or lodging 
house, It shall be the duty of the grantor and 
grantee of said tenement or lodging house to 
file in the department of health a notice of 
such transfer, stating the name of the new 
owner, within thirty days after such transfer. 
In case of the devolution of said property by 
will, it shall be the duty of the executors 
and of the devisee, it more than twenty-one 
years of age, and in case of the devo- 
lution of such property by inheritance with- 
out a will, it shall be the duty ef the heirs, or 
in caee all cf the heirs are under age. it shall 
be the duty O’f the guardians of such heirs, 
and in case s-iid heirs have no guardians, it 
shall be the dtity of the administrator of the 
deceased owner of said property to file in 
said department, a notice, stating the death of 
the deceased owner, and the names of those 
who have succeeded to his interest In said 
property, within thirty days after the death 
of said decedent. In case be died Intestate, 
and within thirty days after the probate cf 
his will. Jf he died testate. .\ failure to file 
such notice shall make said property, and 


j the owners thereof, liable to a penalty of not 
j less than ten dollars nor more than fifty 
I dollars. Said penalty may be recovered in 
an actio.n Drought by the health department 
or; provided In this act. Every person claim- 
ing to have an Interest iu any teaemeiu or 
lodging house may file his name and address 
In the department of health. .4.11 notices and 
orders cf the department of health required 
by law to be served In relation to a tenement 
or lodging house, shall be served by posting 
iu some conspicuous place in the house, a 
copy of the notice or order, five days before 
the time for doing the thing, in relation to 
which eaid notice or order was issued. The 
posting of a copy of an order or notice, in 
accordance with this section, shall be suffi- 
cient service upon the owner of the property 
affected. It shall be the duty of the depart- 
j ment of health to cause a copy of every such 
notice or order to be mailed, on the same 
day that it i.s posted in the house, addressed 
to the name and address O’f each person who 
has filed with the department of health the 
notice provided for in this section. 

Ivvlfi* n .vonr; oHicer* to 

have aeeesK. 

Sec. 1.314. It shall be the duty of the. board 
of health to cause a careful inspection to be 
made of every tenement and lodging house 
at least twice in each year. .\nd whenever 
the board cf health has mads any order con- 
I cerning a tenement or lodging house, it shall 
I cause a reinspection to be made of the same 
within six days after it has been informeil 
that the order has been served. The keeper 
of any lodging house, and the owner, agent 
of the owner, lessee or occupant of any tene- 
ment house, and every other person h.iving 
the care and management thereof, shall, at all 
times, when required by any officer of the de- 
partment cf health, or by any officer upon 
whom a"y duty i.« conferred by this title, give 
him free access to such house, and to every 
part thereof. The owner or keeper of any 
lodging house, and the owner, agent of the 
owner, and the lessee of any tenement house 
or part thereof, shall, whenever any person 
in such house is sick of fever, or of any infec- 
tious, pestilential or contagious disease, and 
information thereof has been given to such 
owner.keeper.agent or lessee, give immediate 
notice thereof to the board ofhealth.or to some 
officer of the same, and thereupon said board 
shall cause the same to be immediately 
cleansed or disinfected, at the expense of the 
owner, in such manner as it may deem neces- 
sary and effectual, and it may also cause 
the blankets, bedding and bed clothes used by 
any such sick person to be thoroughly 
cleansed, scoured aud fumigated, or. In ex- 
treme cases, to be destroyed. 

Infected ninl nninlinliitnitle IioiiMe* to 

be eoiKleiiiiietl by board of lienKli. 

Sec. 1,315. Whenever it shall be certified to 
the board cf health of the city of New Y’ork 
by the 881111317 - superintendent, or an assis- 
tant sanitary superintendent, that any build- 
ing or any part thereof in the city of New 
Y’ork is infected with contagious disease, or 
by reason of want of repair has become dan- 
gerous to life, or is unfit for human habita- 
tion because of defects in drainage, plumbing, 
ventilation, or the construction of the same, 
or because of the existence of a nuisance on 
the premises, which is likely to cause 
sickness among its occupants, the said board 
of health may issue an order requiring all 
persons therein to vacate such building or 
part thereof for the reasons to be stated there- 
in as aforesaid. Said board shall cause said 
order to be affixed conspicuously in the build- 
ing or part thereof and to be personally 
served on the owner, lessee, agent, occupant, 
or any person ' ir^ the charge or care 


142 


THE CHARTER OF THE CITY OF NEW YORK. 


of; if the owner, lessee or agent cannot be 
found in the city of New York or do not re- 
side therein, or evades o^r resists service, then 
said order may be serv'ed by depositing a 
copy thereof in the post office in the city of 
New' York, properly inclosed and addressed 
to such owner, lessee or agent at his last 
known place of business and residence, and 
prepaying the postage thereon; such building 
or part thereof shall, within ten days after 
said order shall have been posted and mailed 
a* aforesaid, or within such shorter time, not 
less than twenty-four hours, as in said order 
may be specified, be vacated, but said board 
of health whenever it shall become satisfied 
that the danger from said building or part 
thereof has ceased to exist or that said build- 
ing has been repaired so as to be habitable, 
may revoke said order. 

Prooeeding's for condemnation pre- 
scribed. 

Sec. 1,316. Whenever, in the opinion of the 
board of health of the city of New York, any 
building or part thereof in the city of New 
York, an order to vacate which has been made 
by said board, is, by reason of age, de- 
fects in drainage, plumbing, infection with 
contagious disease, or ventilation, or because 
of the existence of a nuisance on the premises, 
which Is likely to cause sickness among its 
occupants, or among the occupants of other 
property in the city of New York, or because 
It stops ventilation in other buildings, or 
otherwise makes or conduces to make other 
buildings adjacent to the same unfit for 
human habitation, or dangerous or injurious 
to health, or because it prevents proper meas- 
ures from being carried into effect for remedy- 
ing any nuisance injurious to health, or be- 
cause of other sanitary evils in respect of 
such other buildings, so unfit for human habi- 
tation that the evils in, or caused by said 
building, cannot be remedied by repairs, or 
In any other way except by the destruction 
of said building, or of a portion of the same, 
said board of health may If it deem such 
course just and proper, condemn the same and 
order it removed; provided, however, that the 
owner or owners of said building may demand 
a survey of said building in the manner pro- 
vided for in case of unsafe buildings, and 
may institute proceedings in the supreme 
court in the city of New York fcr the 
condemnation of said building. Said proceed- 
ing shall be instituted through a petition ad- 
dreseed to said court containing a brief st.ate- 
ment of the reasons therefor, and shall not 
be required to contain further allegations of 
facts than those which have actuated the 
board of health in this proceeding, which shall 
then be carried on in the manner prescribed 
by chapter 21 of this act. The own- 
er of said building, or any person in- 
terested therein may, in his answer, 
dispute the necessity of the destruction 
of said building, or part thereof, as the 
case may be. In such case, the court shall 
not appoint commissioners unless proof Is 
made of the necessity of such destruction. In 
euch proceeding evidence shall be receivable 
by the commissioners to prove; 

1. That tbe rental of the building was en- 
hanced by reason of the same being used for 
illegal purposes, or being so overcrowded as 
to be dangerous or injurious to the health 
of the Inmates; or 

2. That the building Is In a state of defect- 
ive sanitation, or is not in reasonably good 
repair; or 

3. That the building is unfit and cot rea- 
sonably capable of being made fit for human 
habitation; and, if the commissioners are sat- 
isfied by such evidence, then the compensa- 
tion — 

(jU. Shall in the first case, so far as is 


based on rental, be on the rental of the build- 
ing, as distinct from the ground rent, which 
would have been obtainable if t'ae building 
was occupied for legal purposes, and only by 
the number of persons whom the building was 
under all the circumstances of the case fitted 
to accommodate without such overcrowding 
as is dangerous or injurious to the health of 
tbe Inmates; and 

(b) . Shall in the second case be the amount 
estimated as tne value of the building if it 
had been put into a sanitary condition, or 
into reasonably good repai.’’, after deducting 
tho estimated expense of putting it into such 
condition or repair; and 

(c) . Shall in the third case be the t'alue 
of the materials of the building. 

For the payment of all awards and the ex- 
penses of all such proceedings, the controller 
shall issue £,nd sell from time to time as may 
be necessary, and in the manner hereinbefore 
provided, corporate stock of the city of New 
York. 

Houses lierenfter erected to comply 

vritli additional reanirenieiits. 

Sec. 1,317. No bouse hereafter erected shall 
be used as a tenement house or lodging house, 
and no house heretofore erected and not 
now used for such purpose, shall be con- 
verted Into, used or leased for a tenement or 
lodging house, unless, in addition to the re- 
quirements hereinbefore contained, it con- 
forms CO requirements contained in the fol- 
lowing sections of this title. 

Constrnction of tenement houses anil 

space prescribed for hnlldiiig: the 

same. 

Sec. 1,318. It shall not be lawful with- 
out a permit from the [department] 
bureau of buildings, to alter, erect or 
convert to the purposes of a tenement 
or lodging house, a building on any 
lot where there is another building' on the 
same lot; nor shall it be lawful to build 
or to erect any building on any lot whereon 
there is already a tenement or lodging house, 
unless there is a clear open space exclusively 
belonging thereto, and extending upward 
from the ground of at least ten feet between 
said buildings if they are one story hi^h 
above the level of the ground; if they are 
two stories high the distance between them 
shall not be less than fifteen feet; It they 
are three stories high the distance then shall 
not be less than twenty feet; if they arc 
more than three stories high the distance 
between them shall not be less than twenty- 
five feet, but when thorough ventilation of 
such open spaces can be otherwise secured, 
such distances may be lessened or modified 
in special cases by a permit from the 
[department] bure^ of buildings. At 
the rear of every building hereafter 
erected for or converted to the pur- 
poses of a tenement or lodging house on 
any lot, there shall be and remain a clear 
open space of not less than ten feet between 
it and the rear end of the lot. No one con- 
tinuous building hereafter constructed shall 
be built or converted to the purposes of a 
tenement or lodging house in the city of 
New York, upon an ordinary city lot, and 
no existing tenement or lodging house -bail 
be enlarged or altered, or its lot be dimin- 
ished, so that it shall occupy more than 
65 per centum of the area of said lot. but where 
tho light and ventilation of such tenement or 
lodging house, are, in the opinion of the 
superintendent of buildings, materially im- 
proved, he may permit such tenement or lodg- 
ing house to cccupy an area not exceeding 
seventy-five per centum of the said lot, and 
in the same proportion if the lot be greater 
or less in size than twenty-five by one hun- 
dred feet; but this provision shall not apply 


to corner lots, in which, however, no such 
building hereafter constructed, above the first 
story, shall occupy more than ninety-two per 
centum of the area of a lot, and no such 
building shall come within five feet of the 
rear of said lot, provided, further, that in 
all cases, both for corner and interior lots, 
the interior courts or shafts shall not be less 
than two feet four Inches wide at their nar- 
rowest parts. In computing the amount of 
the lot covered by a building, any shaft or 
court of less than twenty-five square feet 
In area shall be considered as part of the 
building and not as part cf the free air 
space. No shaft or court, ever tea square 
feet in area, hereafter constructed in a tene- 
ment house or lodging house, except elevator 
shafts or staircase wells, shall be covered 
with a roof, skylight cr otherwise. In all 
tenement houses hereafter constructed or 
buildings hereafter converted to the purposes 
of a tenement house, the stairway communi- 
cating between said cellar or basement and 
the floor next above, when placed within any 
such building, shall be inclosed with brick 
walls, and such stairway shall be provided 
with fire proof doors at the top and bottom 
of said flight of stairs. An open area, shall 
bo constructed from the level of the cellar 
to the sidewalk in front and extending the 
full width cf such houses, with a staircase 
to give access to the cellar from the street. 
TATiore stores are located on the first floor the 
area may be covered with suitable vault lights 
or gratings. In all tenement houses hereafter 
constructed, or buildings hereafter converted 
to the purposes of a tenement house, the 
openings to the elevators or lifts in the cellar, 
and at every opening, cn every story, shall be 
provided with self closing fireproof doors. 
This provision, however, shall not apply to 
such elevators in tenement houses as are 
operated by a conductor stationed with- 
in the car; but if such elevators run 
to the callar, they must be Inclosed in 
the cellar with fireproof walls, and the door to 
the cellar. If any, muat he fireproof and self 
ciceing. In all tenement housas hereaifter 
constructed, or buildings hereafter convert- 
ed to the purpceen of a tenement house, ail 
stalrcasee shall be fireproof; but this provis- 
ion as to staircases shall not apply to build- 
ings which are not over five stories high 
above the cellar, and which contain not more 
than three suites of rooms on a floor. Every 
tenement house hereafter constructed, or 
buildings hereafter converted to the purpose 
of a tenement house, exceeding three stories 
in height, or having a basement with three 
stories above the cellar, shall have the en- 
trance hall and entire stairwell and stairs, 
built of slow burning construction or fire- 
proof material; no wainscoting shall be al- 
lowed in the main halls except of cement, 
or other fireproof material; at least one flight 
of such stairs shall extend to the roof, and 
be inclosed in a bulkhead building of fire- 
proof material. In all tenement houses here- 
after constructed, and 'buildings hereafter 
converted to the purposes of a tenement 
house, each room must have a separate win- 
dow opening into the outer air; each water 
closet must have a window opening into the 
outer air, and such water closet inclosure if 
provided with a ventllatlog flue or duct, may 
have the window opening on any court or 
shaft containing at least twenty-five square 
feet in area; the floor of each water closet 
must be made waterproof with asphalt, ce- 
ment, tile, metal or some ether waterproof 
material; and such waterproofing must ex- 
tend at least sixteen inches above the floor 
except at the door opening so that said floor 
can he washed or flushed out without leak- 
ing. The light and ventilation of all build- 
ings hereafter erected for, or converted tg 


THE CHARTER OF THE CITY OF NEW YORK 


na 


the purpose of tenement or lodging houseis, 
must be provided in eccordance with the re- 
quirements of this title, and the conditions 
of a plan and permit previously approved in 
writing by the [department] bureau of 
buildings, and no existing tenement or 
lodging house shall be enlarged or al- 
tred or its lot diminished without a similar 
permit. The [department] bureau of build- 
ings is hereby empowered and directed 
to make rules and regulations not inconsist- 
ent with the requlremen'ts of this title, and 
which in addition to the requirements 
of this title, shall be the con- 
ditions of approval of the plans and 
permits; these rules and regulations shall gov- 
ern the arrangement and distribution of the 
uncovered area, size, lighting, location and 
arrangement of shafts, rooms, cellars and 
halls. No building or premises occupied for 
a tenement house shall be used for a lodging 
house, private school, stable or for the storage 
and handling of rags, but the department of 
health may, by a special permit, fixing the 
conditions thereof in writing, and providing 
there be the necessary cubic air space and 
ventilation, allow the maintenance of a pri- 
vate school in such a house. In case of any 
violation of the previsions of this section, or 
of any failure to comply with, or of any vio- 
lation of the terms and conditions of the 
plan for such tenement or lodging house ap- 
proved by the [department] bureau of build- 
ing, or of the conditions of the permits grant- 
ed as hereinbefore provided, or for the air, 
light and ventilation of the said house, or 
premises, any court of record, or any judge 
or justice thereof shall have power, at any 
time after the service of notice of violation, 
or of non-compliance, upon the owner, build- 
er or other person superintending the 
building or converting any such house, upon 
proof by affidavit of any violation or non- 
compliance as aforesaid, or that a plan for 
light and ventilation of such house has not 
been approved by the [department] bure au 
of buildings, to restrain by injunction order, 
in any action by the [department] bui^eau 
of buildings, or by the board of health, the 
further progress of any violation as afore- 
said. No undertaking shall be required as 
a condition of granting an injunction, or by 
reason thereof. 

DliuenNiona and venlllallon of rooms. 

Sec. 1,319. In every such house hereafter 
erected or converted every habitable room, ex- 
cept rooms in the attic, shall be in every part 
not less than eight feet In height from the 
floor to the ceiling; and every habitable room 
in the attic of any such building shall be at 
least eight feet in height from the floor to the 
ceiling, throughout not less than one-half the 
area of such room. Every such room shall 
have at least one window connecting with the 
external air. or over the door a ventilator of 
perfect construction, connecting it with a 
room or hall which has a connection with 
the external air and so arranged as to pro- 
duce a cross current of air. The total area 
of window or windo'ws in every room com- 
municating with the external air shall be at 
least one-tenth of the superficial area of every 
such room; and the top of one, at least, ot 
such windows shall not be less than seven 
feet six inches above the floor, and the upper 
half, at least, shall be made so as to open 
the full width. Every habitable room of a 
less area than one hundred superficial feet, 
if it does not communicate directly with the 
external air. and is without an open fireplace 
shall be provided with special means of venti- 
lation, by a separate air shaft extending to 
the roof, or otherwise, as the board of health 
may prescribe. 


Cliimncys, nsli rcceiif noles, water, cel- 
lar floor, eeilint^H and eas in tene- 
ment IlOIISOS. 

Sec. 1,320. Every such house erected after 
May fourteenth, eighteen hundred and sixty- 
seven, or converted, shall have an adequate 
chimney for a stove, properly connected with 
one of said chimneys for every family set of 
apartments. It shall have proper conven- 
iences and receptacles for ashes and rubbish. 
It shall have water furnished in sufficient | 
quantity at one or more piaces on each floor, 
occupied or intended to be occupied by one or 
more families; and all tenement houses shall 
be provided with a like supply of water by 
the owners thereof, whenever they shall be 
directed so to do by the board of health. But 
a failure in the general supply of water by 
the city authorities, shall not be construed I 
to be a failure on the part of such owner, pro- 
vided that proper and suitable appliances to 
receive and distribute such water are placed 
in said bouse. The board of health shall re- 
quire all tenement houses to be so supplied. 
Every tenement house shall have the floor of 
the cellar made W'ater tight; and the ceiling 
plastered, and when the house is located over 
filled in ground, or over marshy ground, or 
ground on which water lies, the cellar floor 
shall be covered so as to effectually prevent 
evaporation or dampness. It shall be the duty 
of the department of health to see that the 
cellars of all tenement houses are so made or 
altered as to comply with this section. 
Every such house erected after May seventh, 
eighteen hundred and eighty-seven, or con- 
verted, shall have the halls on each floor 
open directly to the external air, with suita- 
ble windows, and shall have no room or other 
obstruction at the end, unless sufficient light 
or ventilation is otherwise provided for In 
said halls, in a manner approved by the 
[department] bureau of buildings. The 

owner or lessee of every tenement or 
lodging house in The City of New 
York shall keep a light burning in 
the hallway upon each floor of said house 
from sunset until 10 P. M. throughout the 
year. In every tenement house in the said 
city in which there is a hallway or hallways 
with no windows opening from such hallw-ay 
outside of said house, a light shall be main- 
tained by said owner or lessee in each such 
hallway, betw'een the hours of 8 A. M. and 10 
P. M. of each day, unless said hallway shall 
be otherwise sufficiently lighted. The fire de- 
partment of the city ot New York is hereby 
vested with authority to prescribe reasonable 
regulations concerning such precautions -as 
may be necessary to prevent danger from fire 
arising from such lights. 

Ovorerovrdinig of tenement Iionnes pro- 
liibited; Iiousekeeper in same re- 
qnired. 

Sec. 1,321. Whenever it shall be certified to 
the department of health by the sanitary super- 
intendent or an assistant sanitary super- 
intendent that any tenement house or room 
therein, being without sufficient ventilation, is 
so overcrowded that there shall be afforded less 
than four hundred cubic feet of air to each 
adult, and two hundred cubic feet of air to each 
child under twelve years of age occupying such 
building or room, the said department shall 
issue an order requiring the number of occu- 
pants of such building, or room, to be re- 
duced In accordance with this provision. 
Whenever there shall be more than eight fam- 
ilies living in any tenement house, in which 
the owner thereof dees not reside, there shall 
be a janitor, housekeeper or some other re- 
sponsible person, who shall reside in the s.iid 
house, and have charge of the same, if the 
department of health shall so require. Per- 


mits may be granted by the beard of health 
to the owners of lodging houses on com- 
pliance with the rules and regulations of the 
sanitary code in the city of New York, and 
the conditions of each permit which shall be 
' in writing. 

Penalties fop violniioiis of provisioiia 
eoncernlngr tenement houses. 

Sec. 1,322. Every owner or other person vio- 
lating any provision of this title shall be guilty 
of a misdemeanor, punishable by a fine of not 
less than $10 or more than $100, or by impris- 
onment for not more than ten days for each 
and every day that such violation shall con- 
tinue, or by both such fine and imprisonment, 
in the discretion of the court. He shall also 
be liable to pay a penalty of $10 for each day 
that such offense shall continue. Such penal- 
ty may be sued for and recovered by the de- 
partment of health in any civil tribunal of 
said city, and when recovered shall be paid 
over to the chamberlain. In every proceeding 
for a violation of this title, and in every such 
action for a penalty, it shall be the duty of 
the owner of the house to prove the date of 
its erection, or conversion to its existing use, 
if that fact shall become material, and the 
owner shall be, prima facie, the person liable 
to pay such penalty, and after him the person 
who is the lessee of the whole house, in pref- 
erence to the tenant or lessee of a part there- 
of. In any such action the owner, lessee and 
occupant, or any two of them, may be made 
defendants, and judgment may be given 
against the one or more shown to be liable, 
as it he or they were sole defendant or de- 
fendants. No part of chapter 275 of the laws 
of 1892, or of any other act shall be so con- 
strued as to abrogate or impair the power ot 
the department of health to sue for and re- 
cover such apenalty whether the liability to pay 
•said penalty shall arise from a violation of 
the laws, or ordinances or sections of the 
sanitary code, in regard to light, ventilation, 
plumbing and drainage, so far as the same af- 
fects the sanitary condition of the premises; 
and except that the [department] bureau of 
buildings [of The City of New York] shall 
have jurisdiction and cognizance over all 
matters and things in this title contained 
which relate to the construction or altera- 
tion of buildings or structures, or any part 
thereof,' and as to the light, ventilation, 
drainage and plumbing of such buildin^B 
when in process of construction or altera- 
tion. Any penalty herein above mentioned 
for a violation of the provisions of this title, 
in respect to the matter aforesaid, within the 
jurisdiction and cognizance of the [depart- 
ment] bureau of buildings, shall be sued for 
and recovered in the same manner as the 
violations of the building laws of The City 
of New York are now sued for and recovered 
by the '"department] h j ’i~pau of buildings [In 
The City of .New York], and said penalty so 
collected sh.all be paid to the chamberlain 
of The City of New York to be applied a* 
other penalties collection by said department 
are applied. 

Power of [depart iiieiit]l»urenn of bnild- 
ingrs and of board of liealtli to make 
other renrulatlonn relative to tene- 
ment or lodeingr houses. 

Sec. 1,323. The [department] bureau of 
buildings shall have authority to make 
other regulations as to light and ven- 
tilation of all new tenement or lodg- 
ing houses consistent with the fore- 
going, when it shall be satisfied that such reg- 
ulations will secure equally well the health 
and safety of the occupants; likewise ih# 
board of health shall have authority to mak* 
other regulations as to cellars and as to ventU 


144 


THE CHAUTER OF THE CITY OF NEW YORK, 


lation in completed buildings, consistent with 
the foregoing, where it shall be satisfied that 
such regulations will secure equally well the 
health of the occupants. The board of health 
shall have power to appoint alt the officers and 
agents of the department of health, of what- 
ever name or character soever, and shall have 
exclusive charge and control of, and the exer- 
cise of, all the rights, powers, duties and priv- 
ileges of said department, and for this pur- 
pose the terms “board of health” and “depart- 
ment of health,” as used in this chapter, shall 
be deemed synonymous. 

Saiiitnry company of police. 

Sec. 1,324. The board of health shall make 
requisition upon the police board for the de- 
tail of at least fifty and not more than 
one hundred suitable officers and men of at 
least five years’ service in the police force, 
who shall be selected for their peculiar fit- 
ness, for the enforcement of the provisions 
of the sanitary code and the acts relating 
to tenement and lodging houses. These of- 
ficers and men shall be detailed to such service 
by the poli;e board, and the department cf 
health .shall pay to the police department 
monthly, the amount of the pay of the officers 
and men so detailed, who shall belong to the 
sanitary company of the police and shall re- 
port to the board of health. At least thirty of 
the officers and men so detailed shall be em- 
ployed exclusively in the enforcement of the 
laws relating to tenement and lodging houses. 
The board of health may report back to the po- 
lice board for punishment, any member of said 
company guilty of any breach of orders or 
discipline, or of neglecting his duty, and there- 
upon the police board shall detail another 
officer or man in his place, and the discipline 
of the said members of the sanitary company 
shall be in the jurisdiction of the police de- 
partment; but at any time the board of health 
may object to the efficiency of any member of 
said sanitary company and thereupon another 
officer or man shall be detailed in his place. 

I'liin cliaptcr a reaiedial atatnle; oon- 

straotioi). 

Sec. l,32o. This chapter is hereby declared 
to be a remedial statute and is to ho con- 
strued liberally :o secure the beneficial in- 
terests and purposes thereof. Nothing here- 
in con<aiaed shall be construed to affect any 
suit or proceeding now.pending In any court, 
or any rigiats acquired or liability incurred, 
or any cause or c.ause3 of action accrued .•’r 
existing, whether for a penalty or otherwise, 
under any act repealed or amended by this 
act. Wherever the bureau of buildings is | 
referred to in this chapter the provisions re- I 
lating thereto shall be held to apply to such | 

bureau as established by the president of | 

any borough within the borough, or to said i 
presi dent of a borough when no such bu- 
reau has bee n established by him . Ail acts i 
••vnd parts of acts in conflict with this chapter 
or any part thereof are hereby repealed. | 

TITLE 8. 

THE HE.VLTH UE1»\UTME\T 1*E\.S10X 
EIM>. 

Hoard of trusfeeH of lienltli deparf- 

luriit pc-iiHion fund. 

Sec. 1.331. [The board of health of the 
heaitb department of the city of New York 
•Istiereby constituted and shall be a board of 
trustees of the health department pension 
fund here>tofore and herein authorized and 
provided for. The memhars of said board of 
health shall annually choose one of their num- 
ber to be chairman of lilie board of trustees 
of the health department pension fund. and. 
ahall from time to time elect a secretary. | 


Immediately upon organization said board of j 
trustees] The commissioner of health shall 1 
be the trustee of the health de partment pe n- 
sion fund her einafter me ntioned, and shall 
be treasurer of the sa id pe nsion fund. H e 
shall, before entering upon his duties as 
trea surer thereof, execute and deliver to the 
controller of The City of New Y ork, a bond 
in the penal sum of twenty-five thousand dol- 
lars. to be approved by the controlle r 
of The City of New York, conditioned 
for the faithful pe rformance of his du- 
ties, and that he shall pay over and account 
for all moneys and property which shall 
come into his hands as such treas - 
uror. Ho shall receive and have charge of 
che pension fund, or funds heretofore author- 
ized, and in existence in any health depart- 
ment, municipality or county forming a part 
of the city of New York, provided for offi- 
cers, physicians and employes in the fieaith 
department service, and [such board of 
trustees] shall have charge of, and admin- 
ister the pension fund authorized and pro- 
vided for hcreia. and shall from [. From] 
time to time [the .said board of trustees 
shall] invest the said pension fund or any 
part thereof, as [it] he shall deem most 
beneficial to the fund [.] and he [Said ^ 
board] is empowered to make all necessary 
contracts and take all necessary and proper 
actions and proceedings in the premises, and 
to make payment from said fund of pensions 
granted in pursuance of this act. The said 
trustee [s] shall, from time to time, estab- 
lish such rules and regulations for the ad- 
ministration of the said fund as [they] he 
may deem best. [They] He shall report 
in detail to the mayor of The City of New 
York annually in the month of January the 
condition of said fund and the items of t'.ieir 
receipts and disbursements on account of the 
same. No payments whatever shall be al- 
lov/ed to or made by such trustees as rew.ird, 
gratuity or compensation -to any person for 
salary or services rendered to or for said 
board of trustees. 

AVliut iiioneyK hIiuII be Ineluiled in 

peiiKion fund. 

Sec. 1,332. The health department pension 
fund shall consist of 

1. All moneys paid for searches and tran- 
scripts of the records of births, marriages 
and deaths or other papers of saii department 
of health. 

2. .\11 moneys collected from fines and pen- 
alties for violations of the sanitary code or 
health laws in the city of New York. 

3. .\1I said moneys. Including the fines and 
penalties directed in section 1,322 of this act, 
to be paid to the controller shall within thirty 
days after collection or payment be paid over 
by the department, officers, clerks, magis- 
trates and courts, receiving and collecting the 
same, to the said board of trustees of the 
health department pension fund. 

Whenever at the end of any fiscal y ear the 
surplus in the health department pension 
fund shal l excee d the sum of twenty-five 
thousand dollars o ve r and above all charges 
then existing against the same, such unex- 


pended balances, or s o much the reof as shall 
not be required to bring the surplus up to ; 
the sum of twenty-five thousand dollars. I 

shall he transferred to the general fund for j 

the reduction of taxation. | 

I'cii.slttn for [pliysielnii or) einpHiye ■ 
dlnnlilol !»>■ rensoii of performunee of i 
duty. 

Sec. 1.333. The board of trust ee^s of said 
fund shall have power to grant as pension to' 


[any physician employed In the health 'de- 
partment of The City of New York, or to] 
any employe of the disinfecting corps of said 
department, or to any employe of the hos- 
pitals for the treatment of contagious and 
infectious diseases under the charge of said 
health department, or of the board of health, 
who shall, [whilst in the] as_a consequence 
of the actual performance of his duty, and 
without auy fault or misconduct on his part, 
have become permanently disabled physically 
or mentally, so as to be unfit to perform full 
duty, a sum not to exceed one-half, nor less 
than one-fourth of his rate of compensation 
per annum as such [physician or] employe, 
as the case may be. 

Pension* <€> per.soiial represenf atlvcs 
of fphysiclnn or] employe vylio shall 
die from disease or injnrles snlfered 
in eonsequenee of bis performance of 
d nty. 

Sec. 1,334. Whenever such [physician or] 
employe shall die while in the service of 
the health department from disease contract- 
ed or injuries sustained by him [while in] 
as a consequence of the actual performance 
of his duty, without any fault or .misconduct 
on his part, leaving a widow, the said [board 
of trustees] trustee of said pension fund 
may grant, award or pay to the widow of 
said [physician or] employe the sum of 
three hundred dollars annually during her 
life, so long as she remains a widow; and if 
there be no widow of any such [physician 
or] employe, but he shall leave minor chil- 
dren under eighteen surviving him, then said 
three hundred dollars may be given, awarded 
and paid to said children under eighteen 
years of age. 

Certiflenle required in eertalii cases. 

Sec. 1,335. No [physician or] employe, as 
aforesaid, of the health department, shall be 
awarded, granted, cr paid a pension on ac- 
count of physical or mental disability or dis- 
ease, unless upon certificate and report of a. 
beard of physicians, to be appointed by the 
board of health, which shall set forth the 
cause, nature, and extent cf the dlsabi’.ity, 
disease or injury of such [physician or] em- 
ploye, who may be placed on the pension roll, 
and such certificate shall distinctly state 
whether or not such disability, disease or 
injury was incurred or sustained by such 
[physician or] employe while in the per- 
formance of his duties as such [physician 
or] employe of the health department, and 
such certificate shall, in such case, be filed 
with, and entered upon the minutes of the 
board of mealth. 

Order of diseoiitiiiniiuce of pension in 
eertniii eases. 

Sec. 1,337. The board of health may, in its 
discretion, order any pension granted or any 
part thereof lo cease [except as provided 
in the last preceding section,] but in all 
such cases the said board of health, shall file 
with the [board of trustees] trustee of the 
health department pension fund, a written 
statement of the causes determining the 
action of the said board of health in order- 
ing any pension to so cease; and nothing in 
this act or in any other act, shall render 
the granting or payment of such pension 
obligatory on the board of health, or upon 
the trustee [s] of the health ilepartment 
pension fund, or chargeable as a matter of 
right upon said fund [except as provided in 
the last preceding section.] 


THE CHARTER OF THE CITY OF NEW YORK. 


145 


Kppeal of aefa IneonnUtent >Tltli this 

title. 

Sec. 1,339. All acts and parts of acts incon- 
sistent with this title are hereby repealed. 

^ CHAPTER XX. 

INFERIOR I.OCAL COI RTS. 

Title 1. The city court of New York. 

Title 2. The municipal court of the city of 
New York. 

Title 3. Inferior courts of criminal Jurisdic- 
tion. 

Title 4. The marshals. 

Title 5. Interpreters. 

TITLE 1. 

THE CTTV COIRT OF NEW VORIv. 
The city court of N'eyr York, continued. 

Sec. 1,343. The city court shall be con- 
tinued, and said court and the justices thereof 
shall have the same powers and jurisdiction 
as are now conferred upon them by law; pro- 
vided, however, that in section® 338, 3,165, 3,169, 
3,170and 3,268 of the code of civil procedure the 
word “city” shaii be construed to mean and 
appiy to the territory within the city of New 
York as it existed aind was constituted prior 
to the [sixth] first day of [June] January, 
eighteen hundred and ninety- [five] eight. 

Ifl.s Jimtlcca of the court. 

Sec. 1,346. The justices of said city court In 
office when this act shall take effect shall con- 
tinue to hold office until the expiration of their 
respective terms; but the successors of said 
justices shall be elected for and hold office for 
the period of. ten years. 

TITLE 2. 

THE MfMCTPAI., COIRT OF THE CITY 
OF’ NEW YORK. 

CourtN, etc., abolished. 

Sec. 1,350. From and after midnight of the 
thirty-first day of January, 1898, the justices’ 
courts' and the office of justice of the peace in 
the cities of Brooklyn and Long Island City 
are abolished, and all jurisdiction, power, au- 
thority and duty theretofore vested in said 
courts and justices of the peace, and in the 
clerks, officers, interpreters, stenographers and 
employes of said courts and justices shall 
cease and determine, except as provided in the 
next section and section 1,372 of this act; and 
from and after the passage of this act no per- 
' son shall be elected to the office of district 
court justice or 'justice of the peace in any 
portion of the territory Included within the 
city of Now York as constituted by this act. 

Alunicipal court created. 

Sec. 1,351. On and after the first day of 
January, 1898, the district courts of the city 
of New York and the justices' courts of the 
First, Second and Third districts of the City 
of Brooklyn are hereby continued, consoli- 
dated and reorganized under the name of “The 
Municipal Court of the City of New York,” 
which said court shall be a local civil court 
within the city of New Y.ork as constituted 
by this act, and shall not be a court of record 
or have any equity jurisdiction; but shall 
have the jurisdiction, powers, duties and 
organization hereinafter prescribed. 

.1 ustioen. 

Sec. 1,352. The said court shall be held by 
justices to be elected or appointed as follows: 

1. The justices of said district courts of 
the city of New York and said justices of Ihe 
peace in the First, Second and Third dis- 
tricts of, y'.-e City of Brooklyn in office qn the i 


first day of January, 1898. shall continue for 
the remainder of the terms for which they 
were elected or appointed, and shall be called 
justices of the municipal court of the city 
of New York, and shall have all the powers 
and jurisdiction and be subject to all the 
duties and requirements hereinafter pre- 
scribed for justices and said municipal court.?. 

2. The successors of the justices mentioned 
in the first subdivision of this section shall 
be elected by the electors of the districts for 
which said justices were elected or appointed 
respectively, as described and renumbered in 
sections 1,359, 1,360 and 1,361 of this act, at 
the general election to be held in the year 
at the end of which the terms of said justices 
•hall expire. 

3. There shall be elected at the general 
election to be held on the first Tuesday suc- 
ceeding the first Monday of November, in the 
year one thousand eight hundred and ninety- 
seven, as many justices of said municipal 
court as there shall be justices of the said 
district courts in the city of New York or 
jusitices of the peace of the said First, Second 
and Third districts in the City of Brooklyn, 
whose terms expire at the end of year 
1897. Such justices shall be elected by the 
electors of the districts for which such 
justices whose terms expire in 1897 were 
elected or appointed, as described and re- 
numbered in sections 1,359, 1,360 and 1,361 
of this act. 

4. On or before the twentieth day of Janu- 
ary, one thousand eight hundred and ninety-- 
eight, the mayor of the city of New York 
shall appoint seven additional justices of said 
municipal court, two of whom shall be resi- 
dents of the Fourth and Fifth districts of the 
borough of Brooklyn, three of -whom shall be 
residents of the Pirot, Second and Third dis- 
tricts of the borough of Queens, end two of 
whom shall be residents of the First end 
Second districts cf the borough of Richmond, 
respectively. The justices so appointed shall 
hold office till the 31st day of December, 
1899, and their successors shall be elected at 
the general election to be held in the year 
1899, and shall be residents of the same dis- 
tricts as the justices appointed pursuant to 
this subdivision. 

Qnallflc'RtionM, etc., of Jnstieon. 

Sec. 1,353. No one shall hereafter be 
eligible to the office of justice of 

the said municipal court, after the 

first day of March, eighteen hundred and 
ninety-nine, unless he be a resident and 
elector in the district for which he shall be ; 
elected or appointed and has been an attor- 
ney and counselor-at-law of the state of New j 
York for at least five years or unless he shall I 
have served as a justice of such municipal j 
court. None of said justices shall engage in 
any other business profession or hold any 
other public office or act as referee or re- 
ceiver. but each of said justices shall devote 
Ills whole time and capacity, so far as the 
public interest demands, to the duties of his 
office; provided, however, that this restric- 
tion shall not apply to the justices of said 
court mentioned in subdivision one of sec- 
tion thirteen hundred and fifty-two of this 
act. 

Oath. 

Sec. 1,354. The justices elected or appointed 
pursuant to this act ahail, before entering | 
upon their duties, take the cath of office pre- I 
scribed by the constitution, and file the same j 
with the city cierk. i 

Salary. | 

Sec. 1,355. The salary of each of said ju.s- 1 
tices, e.xcept thcee appointed or elected from 
the oufoughs of Queens and Richmond, shall ; 


be six thousand dollars a year, to be paid 
in equal monthly installments by the prop- 
er officers of said cities, and the salary of each 
of said justices appointed or elected for the 
borougus of Queetci and Richmond shall bo 
five thouisaud dollars a year, to be paid in 
the same manner. 

Terms. 

Sec 1,356. The terms of said jusllces to be 
elected pursuant to this title shall be ten 
years. 

Vacaiieles. 

Sec. 1,357. 'Vacancies cccurrlng in tlie of- 
fice of justice of said court shall be filled 
at the next ensuing general election for the 
unexpired term commencing on the first day 
of January next after said election, and the 
mayor of the city shall appoint some prop- 
er person to fill such vacancy in the interim 
within twenty days after the same occurs. 

Dlstrictut. 

Sec. 1,358. The several boroughs composing 
the city of New York are hereby divided into 
districts, in each of which sessions of said 
municipal court shall be held, as specified in 
the next live sections. 

BoroiiKlt of The Bronx. 

Sec. 1,359. In the borough of The Bronx 
there shall be two districts, as follows; 

1. The first district embracing the terri- 
tory described in chapter 934 of the laws ol 
1895. 

2. The second district embracing the re- 
mainder of said borough. 

BorougU of Manhattan, 

Sec. 1,360. In the borough of Manhattan 
there shall be eleven districts, as follows: 

1. The First district embraces the Third, 
Fifth and Eighth wards of said borough of 
Manhattan, and all that part of the Firs: 
ward lying west of Bi-oadway and Whitehall 
street, including Nuttin or Governor’s Island, 
Bedloe’s Island, Bucking or Ellis Island and 
tne Oyster islands. 

2. the Second embraces the Second, Fourth, 
Sixth and Fourteenth wards, and all. that por- 
tion of the First ward lying south and east of 
Broadway and Whitehall street. 

3. The Third district embraces the Ninth 
and Fifteenth wards. 

4. The Fourth district embraces the Tenth 
and Seventeenth wards. 

5. The Fifth district embraces the Seventh, 
Eleventh and Thirteenth wards. 

6 The Sixth district embraces the Eight- 
eenth and Twenty-first wards. 

7. The Seventh district embraces the Nine- 
teenth ward. 

8. The Eighth district embraces the Six- 
teenth and Twentieth wards. 

9. The Ninth district embraces the Twelfth 
ward, except that portion thereof which 
lies west of the center line of Leno.x or Sixth 
avenue and of the Harlem river north of the 
terminus of Lenox avenue. 

10. The Tenth district embraces the Twen- 
ty-second ward and all t^iat portion of the 
Twelfth ward which is bounded on the north 
by the center line of One Hundred and Tenth 
street, on the south by the center line of 
Eighty-sixth street, on the east by the center 
line of Sixth avenue and on the west by the 
North river. 

11. The Eleventh district embraces that 
portion of the Twelfth ward which lies north 
of -the center line of West One Hundred and 
Tenth street and west of the center line of 
Lenox or Sixth avenue and of the Harlem 
river north of the terminus of Lenox or Sixth 
avenue. 


148 


THE CHARTER OF THE CITY OF NEW YORK. 


Borousb of Brooklyn. 

Sec. 1,361. In the borough of Brooklyn 
there shall be five districts, as follows: 

1. Tlie First district embraces the First, 
Second, Third, Fourth, Fifth, Sixth, Tenth 
»nd Twelfth wards. 

2. The Second district embraces the Sev- 
enth, [Eighth,] Ninth, Eleventh, Twentieth, 
Twenty-first, [Twenty-second] and Twenty- 
third wards. 

3. The ^hird district embraces *6 Thir- 
teenth, Fourteenth, Fifteenth, Sixteenth, 
Seventeenth, Bigtiteeach and Nineteenth 
wards. 

4. The Fourth district embraces the Twen- 
ty-fourth, Twenty-fifA, Twenty-sixth, Twen- 
ty-seventh and Twenty-eighth wards. 

5 The Fifth district embraces the Eighth, 
Twenty-seco nd. Twenty-ninth, Thirtieth, 
Thirty-first and Thirty-second wards. 
Boroagth of Qneens, 

Sec. 1,362. In the borough of Queens there 
■hall be thr.$e districts, as follows: 

1. The First district embraces Ward One 
of said borough. 

2. The Second district embraces Wards 
Two and Three of said borough. 

3. The Third district embraces Wards Four 
and Five of said borough. 

Boroai^h of Riclimonil. 

Sec. 1,363. In the borough of Richmond 
there shall be two districts, as follows: 

1. The First district embraces Wards One 
and Three of said borough. 

2. The Second district embraces Wards Two, 
Four and Five of said borough. 

•f iirisdictiou. 

Sec. 1,364. E.xcdpt as provided In the next 
section the said municipal court has jurisdic- 
tion in the following civil actions and pro- 
ceedings, including an action against The City 
of New Yor k or a domestic corporation or a 
foreign corporation having an office In The 
City of New York: 

1. An action to recover damages upon or for 
breach of contract, express or Implied, other 
than a promise to marry, where the sum 
claimed does not exceed five hundred dollars. 

2. An action to recover damages for a per- 
sonal injurj' or an Injury to property, ex- 
ceptmg, how'ever, actions to recover damages 
for an assault, battery, malicious prosecution, 
false imprisonment, libel, slander, criminal 
conversation, seduction, or loss of society of 
a husband or wife, where the sum claimed 
does not e.xceed five hundred dollars. 

3. An action for a fine or penalty not ex- 
ceeding five hundred dollars, including an ac- 
tion to recover a penalty given by the charter 
of the city of New York or any byiaw or ordi- 
aance thereof cr by any statute of the state. 

4. An action upon a bond conditioned for 
the payment of money where the sum claimed 
to be due does not exceed five hundred dollars, 
the judgment to be rendered for the sum 
actually due. Where the sum secured by the 
bond is to be paid in instalimenis an action 
maj' be brought for each installment as it 
becomes due. 

5. An action upon a surety Dona or unaer- 
taking taken in saJd court or la any district 
court yof the city of New York or by any jus- 
tice of the peace. 

6. An action upon a judgment rendered in 
•aid court or in a district court of the city of 
New York or in a justice's court, or in the 
municipal court of the city of Rochester, or 
In the municipal court of the city of Syracuse, 
or in the municipal court of the city of Buf- 
falo. 

7. An action to recover one or more chat- 
tals with or without damages for the taking, 
withholding or detention thereof where the 


value of the chattel or of the chattels as 
stated in the affidavit made on the part of the 
plaintiff does not exceed $500, subject to the 
qualifications specified in sections 1,689, 1,690, 
1,691 and 1,692 of the code of civil procedure. 

8. An action in behalf of the people of the 
state brought by the direction of a commis- 
sioner of public charities or of an overseer 
of the poor upon a bastardy or abandonment 
bond in a case where it is prescribed by law 
that such an action can be maintained In said 
municipal court of the city of New York or 
In any court not being a court of record. 

9. An action to recover damages for an es- 
cape from the jail liberties as proviuea by 
chapter 2, title 2, articles IV and V, of the 
code of civil procedure, where the sum 
claimed does not exceed $100. 

10. An action upon the bond of a marshal of 
the city of New York in a case where It is 
prescribed by a special statutory provision 
that such an action can be maintained in a 
district court or in said municipal court. 

11. ,An action for damages for fraud or de- 
ceit in the sale, purchase or exchange of 
personal property where the damages claimed 
do not exceed $500. 

12. A summary proceeding under title two 
cf chapter seventeen of the code of civil pro- 
cedure to recover possessicn of real prop- 
erty which, or a portion of which, is situated 
within the district wherein the application 
for such recovery is made. 

13. To render judgment upen the confes- 
sion of the defendant or defendants as pre- 
scribed in title six of chapter nineteen of the 
code of civil procedure where the sum con- 
fessed does not exceed five hundred dollars. 

14. Other civil actions or proceedings of 
which district courts in the city of New York 
cr justices of the peace shall have jurisdiction 
on the 3l8t day of December, 1897, except such 

1 as shall be expressly excluded by this act. 

Id.; continued. 

See. 1,365. The said municipal court cannot 
take cognizance of any civil actions in either 
of the following cases: 

1. Where the title to real property comes 
In question as prescribed In title third of 
chapter nineteen of the cede of civil proced- 
ure, and sections 2,951 to 2',958 of said code, 
both inclusive, apply to an action brought in 
said court; and in an action brought in said 
court the surety upon the defendant’s under- 
taking Is liable In the case specified in section 
2,952 of said code to any amount for which 
judgment might have been rendered by said 
court if the answer and undertaking had not 
been delivered. The provisions of section 
1,349 of chapter 410 of the laws of 1882 shall 
govern In such cases. 

2. Where the action Is brought against an 
executor or adminstrator as such and the 
amount claimed is in excess of fifty dollars. 

: [3. Where the action is against The City 

of New York as hereby constituted.] 

3. [4.] Where, in a matter of account, the 
I sum total of the accounts of both parties, 

proved to the satisfaction of the court, ex- 
; oeeds one thousand dollars. 

' Rcniovnl. 

* Sec. 1,366. In an action specified in the last 
! section but one, excepting subdivisions eight j 
I and ten, v,-here the damages claimed or the 
! value of the chattel or all the chattels claimed, 

, as stated in the complaint, exceeds two hun- 
i dred and fifty dollars, the defendant may, 
after issue is joined and before an adjourn- 
ment has been granted upon his application, 

' apply to the justice holding court in the dis- 
trict in which the action is brought for an 
order removing the action, and if it be in the 
j Second district of the borough of The Bronx 
' or in any district of the borough of Manhat- 


tan to the city court of the city of New York, 
if in any other district into the county court 
of the county wherein the district is situated, 
if the said county court has jurisdiction of 
such action, otherwise Into the supreme court 
in such county. Such an order must be grant- 
ed upon the defendant’s filing with the clerk 
an undertaking in a sum fixed by the justice 
not exceeding twice the amount of the dam- 
ages claimed or twice the value of the chattel 
or of all the chattels claimed, as stated in the 
complaint, with one or more sureties, to the 
effect that the defendant will pay to the plain- 
tiff the amount of any judgment that may be 
recovered against him in the court to -which 
such action shall be removed. From the 
time of granting the order the city court or 
county court or -supreme court, as the case 
may be, has cognizance of the action, and the 
clerk of the district must forthwith deliver 
to the clerk of such court to which the action 
shall be removed all process, pleadings and 
other papers In the action and certified copies 
of all minutes, entries and orders relating 
thereto, which must be filed, entered, or re- 
corded as the case requires In the latter'* 
office. 

Aiu»eal«, 

Sec. 1,367. 1. .An appeal from a judgment 
rendered in the municipal court o' The 
City of New York may be taken to 
the supreme court In the cases and in 
the manner prescribed in articles first 
and second of title eight of chapter nine- 
teen of the code of civil procedure. Such ap- 
peal shall be heard in such manner and by 
such justice or justices as the appellate divi- 
sion of the supreme court In the judicial de- 
partment embracing the district wherein the 
action is brought shall direct, except that the 
appellate division of the second judicial de- 
partment may direct that such appeal he heard 
directly before that court. The appellate court 
may reverse, affirm or modify the Judgment 
appealed from, and where a judgment is re- 
versed, may order a new trial in the munici- 
pal court in the district in which the action 
was brought. Whjere a judgment is modified 
or a new trial is ordered, costs shall be in the 
discretion of the appellate court. 

2. In all cases of appeal from the decision 
of the said municipal court, where a trans- 
cript of the stenographer’s minutes of testi- 
mony on the trial becomes a necessary part 
cf the justice’s return, the stenographer’s fees 
for making such transcript shall be at the 
rate of five cents for every hundred words 
and be paid in the first instance by the ap- 
pellant and afterward taxable by him as a 
disbursement on the appeal. 

ProcOBS. 

Sec. 1.368. The municipal court In any dis- 
trict shall have power to send Us process 
and other mandates in an action or special 
proceeding cf which it has jurisdiction into 
any district cr part of the city of New York 
for service of execution and to enforce 
obedience thereto, and such process and man- 
dates may be served in any district or part 
of the city of New Yor’a, as constituted by 
this act. 

Procedure, etc. 

Sec. 1,369. In so far as the same are consist- 
ent with this act, all provisions of law relat- 
ing to the procedure and organization, the 
summons, precept, attachment, arrest, sub- 
pena or other process, service and execution of 
the same, time, appearances, parties, attor- 
neys, practice, proceedings, pleadings, amend- 
ments. adjournment, defaults, judgments, 
transcripts, docketing, executions, offers, fees, 
costs, disbursements, joint debtors, deposi- 
tions, taking testimony by commission and d* 


THE CHARTER OF THE CITY OF NEW YORK. 


147 


bene esse, guardians ad litem, trials, jurors 
and drawing of jurors and all matters incident- 
al to the same, the powers and duties of the 
justices and clerks and other employes In dis- 
trict courts in the city of New York which shall 
he in force on the 31st day of December, 1897, 
shall apply to and control and govern the same 
in said municipal court and the branches 
thereof in each district, except that a mar- 
shal of the city of New York cannot appear or 
act on behalf of either or any party in an action 
or proceeding in said municipal court. Sections 
8 to 14, inclusive of the code of civil procedure, 
excepting subdivision 7 of said section 14, 
are hereby made applicable to and shall govern 
said municipal court. But in all cases where 
in any statute relating to said district courts 
the power and authority of said courts is lim- 
ited to the city and county of New York, or 
to persons residing in or who are about to 
leave the city and county of New York, the 
power and authority of said municipal court Is 
extended to the city of New York, as consti- 
tuted by this aot, and to all persons residing 
in or who are about to leave said city of New 
York, as so constituted, except as in this chap- 
ter otherwise expressly provided. In an ac- 
tion specified in section 1,364 of this act (ex- 
cept subdivisions 8 and 10), where the damages 
or the value of the chattels as claimed in the 
complaint, exceed $100, if, at the time of 
joining an issue of fact the defendant demand 
a trial by a jury of twelve men, the justice 
shall order such a jury to be summoned to try 
the same, and the proceedings and fees shall 
be the. same as are prescribed in section 1,373 
of chapter 410 of the laws of 1882. 

Aelloiis, In wliat district brouglit. 

Sec. 1,370, An action or proceeding of which 
this court has jurisdiction must be brought: 

1. In a district in which either the plaintiff 
or defendant or one o-f the plaintiffs or one 
of the defendants resides, unless all the 
plaintiffs or all the defendants reside out of 
the city ot New York, in whicti case the ac- 
tion or proceeding may he brought in said 
court in any district. 

2. If the defendant be a corporation creat; 
ed by law, in a district i« which the plain- 
tiff or either of the plaintiffs resides, or in 
which (if it he a corporation) it transacts its 
general business or keeps an office or has an 
agency established for the transaction of busi- 
ness or is established by law, except the cor- 
poration of the city of New York, which may 
sue in any district, except as in the next sec- 
tion provided. 

3. By piaintiffs not residing in the city o.f 
New York, in the district in which the de- 
ing in said city, in the district in which the 
plaintiff or one of tlie plaintiffs resides; but 
where all of the parties reside out of said citj 
the action may be brought in any district 
No person who shall have a place in sale 
city for the regular transaction cf huslnes; 
shall be deemed a non-resident under thi 
provisions of this title. 

4 If the district in which the action or pro- 
ceeding is brought is not the proper district, 
the action may, notwithstanding, be tried 
therein, unless the action is transferred to 
the proper district before trial' upon the de- 
mand of the defendant made upon or before 
the joinder of issue in writing or in open 
court, followed by the consent of the plain- 
tiff, given in like manner, or the order of the 
court. The demand must specify the district 
to which the defendant requires the actioo 
to be transferred. The court mus' make such 
order w'hen the district in which the action or 
proceeding is brought is not the proper dis- 
trict, as specified in this section or the next 
one if such demand be made. 

B. All actions by or on behalf of the city 


of New York to recover a penalty or fine for 
a violation of any corporation ordinance, 
when the amount of such penalty or fine shall 
not exceed five hundred dollars, must be 
brought in the district in which the violation 
of such ordinance happened or occurred, and 
the justice holding court in the same judicial 
district may direct any of the city marshals 
to collect the payment and make returns in 
the same manner as now provided by law. 
And all actions to recover a penalty or fine 
for a violation ot any provision of the sani- 
tary code [adopted by the board ot health] 
or of any regulation of the fire commissioner 
or of any laws or ordinances which either 
[said board or commissioner Is] the health 
or the fire department is authorized, em- 
powered and especially charged to enforce, 
where the amount of such penalty or fine 
shall not exceed five hundred dollars, must 
be brought in the district in which such vio- 
lation happened or occurred. 

Where held. H' ' " 

Sec. 1,371. The said municipal court shall 
be held in each of the aforesaid districts by 
a justice of said court as hereinafter speci- 
fied, at the places provided by the [municipal 
assembly] commissioner of the sinking fund, 
and in accordance with law, at such hours 
in every judicial day or so often as the board 
of justices of the municipal court shall direct, 
and must continue In session so long as the 
public interest requires; and it shall be the 
duty of the [municipal assembly] commis- 
s loners of the sinking fun d [within thirty 
days after the thirty-first day of December, 
eighteen hundred and ninety-seven,] to pro- 
vide a suitable place for the holding of said 
court in each of said districts, provided that 
more than one place for holding such court 
may be provided at any time after this act 
takes effect in any district, if the said board 
of justices shall certify that the public con- 
venience requires such additional number of 
places. 

Seals. 

Sec. 1,372. The said court in each district 
shall have official seals furnished at the ex- 
pense of the city, on which shall be engraved 
the arms of the state of New York and the 
words “Municipal Court.of New York, Borough 
of Manhattan” (or whatever the borough may 
be), “First District” (or whatever the dis- 
trict may be), but nothing herein contained 
shall authorize such court to issue certificates 
of naturalization. 

Clerks ami assistant clerks. 

Sec. 1,373. There shall be in and for each 
district a clerk of said court and in each dis- 
trict in the boroughs of Manhattan, Brook- 
lyn [and of] The Bronx, and in tlm first dis - 
trict of Queens, an assistant clerk, w’ho shall 
be appointed by the justice elected [or ap- 
pointed from] in said district, as hereinbefore 
provided, and shall hold office for the term 
of six years from the date of appointment; 
and before entering upon his duties each such 
clerk or assistant clerk shall file in the office 
of the controller of the city of New York 
a bond in the penal sum of five thousand dol- 
lars, conditioned for the faithful discharge of 
his duty and the due accounting for and pay- 
ment of all money by him received or wiih 
him deposited in any action as such clerk or 
i assistant clerk, to be approved by the said 
i controller to be indorsed thereon. Each such 
clerk and assistant clerk shall receive a sal- 
ary of three thousand dollars per annum ex- 
cept in the b<)roughs of Queens and Richmond, 
wherein the salary of the [clerk] clerks and 
assistants shall be two thousand dollars per 
i annum each. Such salaries shall [to] be paid 


in equal, monthly installments; and neither 
said clerks nor assistant clevks nor other em- 
ployes of said court shall receive any fee or 
compensation whatever for their own use for 
any services performed by them by virtue of 
their offices other than their salaries; and the 
duties of such clerks and assistant clerks shall 
be the same as those now imposed by law 
upon the clerks and assistant clerks of the 
district courts in the city of New York. No 
such clerk, assistant clerk or other employe 
of such courts shall hold any other office or 
be interested in any other business, except as 
permitted by the next section, but shall give 
their whole time to their respective duties 
and shall reside in the borough in which the 
district for which they are appointed respect- 
ively is situated. For any breach of said bond 
the appellate division of the supreme court 
or any justice of the supreme court in the ju- 
dicial department wherein the district for 
which such clerk or assistant clerk is appoint- 
ed is situated, may order the same to be 
prosecuted in the name of any person dam- 
aged by such breach. The clerks, assistant 
clerks, stenographers, interpreters and attend- 
ants ot the district courts in the city ot New 
York and of the justices’ courts of first, sec- 
ond and third districts of the city of Brook- 
lyn, who shall be in office on the first of Jan- 
uary, eighteen hundred and ninety-eight, shall 
continue until the expiration of their respect- 
ive terms, in the like capacities as officers ot 
the said municipal court. Each justice upon 
appointing a clerk or assistant clerk shall 
make duplicate certificates of 3uch appoint- 
ments, stating the term of the appointment 
and when it will expire, and one of such du- 
plicates shall be filed by him in the office ot 
the city clerk, and the other .with the secre- 
tary of the board of justices provided for in 
the next section. The said justices shall in 
like manner also appoint the officers necessary 
to attend the court in each district, not ex- 
ceeding three, at an annual salary ot one 
thousand dollars, and a stenographer in and 
for each district at an annual salary of two 
thousand dollars, [and in and for each dis- 
trict in the boroughs of Manhattan and 
Brooklyn an interpreter at an annual salary 
of twelve hundred dollars.] Each of said 
attendants and_ stenographers [and inter- 
preters], shall be appointed tor two years or 
to fill the residue of an unexpired term. The 
said justices may remove any of said at- 
tendants or stenographers [or interpreters], 
provided ~that before removal such officers 
shall have notice of the cause of their pro- 
posed removal and an opportunity to make 
an explanation; and the reasons for any re- 
moval shall be briefly entered on such min- 
utes. 

Bourd of justices. 

Sec. 1,374. [On and after the first day of 
January, eighteen hundred and ninety-eight 
the] The justices of said court shall 
constitute the board of justices of the munic- 
ipal court and discharge the functions there- 
of. They may elect a president from their 
own number and at pleasure remove him and 
elect a successor. All meetings of said, board 
shall bo public and all proceedings shall be 
recorded in its books of minutes by its secre- 
tary and shall be preserved. Such board 
may designate a clerk of said court for one of 
said districts to act as secretary ot said board, 
and from time to time substitute another, 
and fix a [reasonable] compensation to be 
paid for such service, not exceedin g the 
sum of five hundred dollars per annum. 
Such beard shall establish public rules rela- 
tive to its meetings, which as far as possible 
shall be held at regular times, to the keep- 


148 THH 


Ing and preservation of its minutes and the 
appointment of clerks and other appointees, 
and to the public inspection of its minutes 
under the care of the secretary at leasonable 
times. 

Board to uiuke rulea. 

Sec. 1,375. Said board of justices shall 
adop<. and' from time to time may amend or 
add to rules relating to the following sub- 
jects: 

1. As to the justices who shall hold ses- 
Sion.s of said municipal court in each of said 
districts at times and places ko be specified 
In said rules and ro provide for a rotation 
of the justices holding the same, provided 
that the justices elected or appointed for any 
borough shall hold court in said borough: 
but if a vacancy exlKs or the illness .or other 
inability of any justice assigned to hold court 
prevents ^his attendance any other justice of 
said cc^r: may hold the same. And if at any 
tinie bcffore or after the commencement of 
che trial it shall appear to the satisfaction cf 
the justice chat he is a necessary witness on 
the trial of .the cause, or otherwise disquali- 
fied CO try the same; he shall by an order en- 
tered in che cause order rfne same and itie 
papers in the same ^o he transrerred to an 
adjoining district.'-or adjourned to such time 
as his successor in holding court in said dis- 
trict according ’to such rules for rotation, 
may be holding said court as justice may re- 
quire. Such rules respecting rotation and 
the designation of justices . shall be pub- 
lisbed in the Ci ty Record in the month of 
December in each year, [made on or before 
The - twenty-fifth day of January, eighteen 
hundred and ijinety-eight. and shall be pub- 
lished in the City Record, and one newspa- 
per published in each borough at least once 
before the' first day of February. 1 

2. As to the hours at w'hlch said courts 
shall be opened on each day and what officers 
•hall be, in attendance. 

3. As to the order of business and manner 
of its discharge. 

4. As to the manner in which the clerks 
[and] assistant clerks, attendants and em- 
ployes shall perform their duties, the man- 
ner of keeping records and papers, the col- 
lection and disposition of moneys and keep- 
ing accounts of the same. 

5. ^’ As to the maintenance of order In and 
about the courts and offices thereof. 

Conciirrciicc nf majority. 

Sec. 1,376. The concurrence of a majority 
of all the members of said board shall be 
necessary to adopt fny resolution thereof. 

Billet uf supreme €*oiirt npplienble. 

Sec. 1,377. The rules and regulations of n:h© 
•upreme court, as they may be from time 
to time, shall apply to the municipal court 
so far as the same can be made applicable. 

Clerks to ndiuinistcr untlis. 

Sec. 1,378. The clerks and assistant clerks 
of the said municipal court are authorized to 
administer oaths in the city of New York in 
the same manner and with the like effect a* 
clerks of courts of record. 

Jiistieen to ncliiiiniHter €>ntliM, rte. 

Sec. 1.379. The justices of said municipal 
court may in the city of New York, by vir- 
tue of their office, administer oaths, take depo- 
sitions and acknowledgments and certify the 
same in the manner and with like effect as 
justices of courts of record. Sections 914 to 
917, inclusive, and section 3,319 of the code of 
civil procedure apply to the justices of said 
court. 


CHARTER OF THE CITY OF NEW YORK, 


Access to court lioiiscs. 

Sec. 1,380. The justices of said court shall 
have on and after the first day of February, 
1898, the like access and possession of the 
court houses that theretofore were enjoyed by 
the justices of the district courts and justices 

1 of the peace in the territory included within 

1 the city of New York as constituted by this 
jact: and it shall be the duty of the 

» 

1 AppointnieiitH and termn of office. 

i Sec. 1.392. The city magistrates in office 

i on the first day of January, nineteen hun- 

[ dred and two. shall hold office until the ex- 

1 piraiion of their respective terms. Their 

; successor.® shall be appointed by the mayor 

1 and shall hold office for the term of ten years. 

I to commence on the first day of January 

1 [municipal assembly] beard of alder- 

1 next succeeding their appointment. Upon 

1 men of The City of New York and its sev- 
eral oflicers charged with duties in that behalf 
! to supply and pay for whatever may be neces- 
1 sary for the transaction of the business of 

1 said municipal court and the justices thereof, 

1 and to supply all proper accommodations. 

: books, stationery and furniture and to pay 

1 all salaries, compensations and e.\penses and 
disbursements herein authorized, and • the 
board of estimate and apportionment shall an- 
nually include in its final estimate such suras 
! as may be necessary to pay the same. 

j Removal. 

1 Sec. 1.383. The Justices of said court and the 

1 

1 clerks and assistant clerks thereof may be re- 
[ moved for cause after due notice and an op- 
portunity of being beard by the appellate di- 
j vision of the oupreme court in the judicial 
dietrict wherein the district for which said 
justices were elected cr appointed, or wherein 
the district for which such clerks or assist- 
ant clerks were appointed, is situated. 

TITLE 3. 

INFKHIOK COl RTS OF FUIMINAL. 

Jl RISDICTION. 

Division of oily for kuoIi iiiirpoMe. 

Sec. 1,390. For the purposes of adminis- 
tration of criminal justice, the city of New 
York, as hereby constituted, is divided into 
, two divisions, as follows: The first division 
embraces the boroughs of the Bronx and of 
Manhattan; the second division embraces the 
boroughs of Brooklyn, Queens and Richmond. 

Board of ikingiNtmtes. 

Sec. 1,391. In each of said divisions there 

! the haoDeniug of any vacancy in said, office. 

'Whether by expiration of a term or for any 

: other cause, the. mayor shall appoint some 
proper person to fill such -vacancy within 
thirty days after the same occurs: and in case 

such vacancy' occurs otherwise than by ex- 

_’'i''aiirn of n ierm. the person appointed to 

fill the same shall be appointed for the; un- 

expired residue of the term. Upon making 

an appointment of a city magistrate the 

mavor shall mak*> three written certificates 

thereof, eacJi of which shall state the title 

of the office, the borough and the division 
from which and the term for which the ap- 
pointment is made. One of such certificates 

he shall deliver to the’ person appointed, and 

of tbp others be shall cause one to be 

filpd in the rfflee of the city clerk, and one 

ro bp filed in the office of the clerk of the 

e^'intv in which is situated the borough from 

wbfeh such person Is appointed. . r i 

Orgraiiiv.atioik and powers of the 

1>onr(lN. 

1.393. Faoh hoard of city magistrates 

may elect a president from their own num- 

bpr. and at pleasure remove him* and elect 

a successor. All the meetings of such board 

shall be public, and its proceedings shall be 
recorded in its bonks of minutes bv its secre- 

tarv. and shall be preserved. Each board 

maj' designate • a police clerk to act- as its 

spcretarv. and from time to time substitute 

anv other: and the salary of^'^sU'eb^" police 

clerk as such secretary shall not exceed’ five 

1 shall be a board of magistrates composed of 

hundred dollars per annum.' .Eacli board^shall 

1 the city masistrates therein, in office on the 

establish public rules relative to its meetings. 

1 first’ day of January, nineteen hundred and 

w'hich. as far as possible, shall be held at 

two, and such as thereafter may be appointed 

regular times — for the order and transaction 

pursuant to law. The board for the first 

of its business thereat; for the keeping and 

division shall consist of twelve magistrates. 

preservation of the minutes of its .doinga: 

each of whom shall be a resident and elector 

for the appointment of clerks and its other 

within said first division. In filling vacan- 

appointees; and for the public inspection of 

cies occurring after the first of January, nine- 
teen hundred end two, the mayor shall 

its minutes, under the care of the secretary. 

at reasonable times. The concurrence of a 

eppciin two magistrates from the borough of 

maloritv of all the members of a board of 

the Bronx, so that the board for the first 

city magistrates shall be necessary to adopt 

division shall consist thereafter of twelve 

any resolution of said board. 

magistrates, ten of whom shall be residents 

Police clerUs Iniiil 

and electors of the borough of Manhattan 

Sec. 1,394. The board of city magistrates of 

! and two of the borough of The Bronx. The 

[ 2 

1 board for the second division shall consist 

the first division shall have the authority and 

1 of thirteen maeistrates. eight of whom shall 

duty of appointing seven police clerks, and 

be residents and electors of the borough of 

the board for the second division shall have 

the authority and duty of appointing thir- 

Biooklvn. three of the boroueh of Queens 

teen police clerks, and each board shall regii- 

j and t\vo of the borough of Richmond. 

Court of NOMHioiis. liow lielil. 

I Sec. 1.408. [1,405.] The court of special ses- 

late the time, place and Tuanner of the dis- 

phortro of tb<» dntv of such poUce clerks; but 

the police cierKs in office on the first day 

sions of either of said divisions of The City 
of New York must be held by three of the 
justices of said court, and any order, deter- 
i mination or judgment of two of said justices 
shall be the order, determination or judgment 
of the court. Said court shall sit in every 
month of the year in said first division and 
in each of said boroughs of Brooklyn, Queens 
AT.j, Richmond. 

of January, nineteen hundred and two, shall 
continue to hold office until the expiration 

of their several terms. Each police clerk 

shall hp aonointed for the term of four years, 

ano. on making the aopointment. the board 

sbaM cause three certificates to be signed by 

its president and secretary, each of which 

shall state the term of the office, the borough 


I 


149 


THE CHARTER OF THE CITY OF 


NEW YORK. 


an d division f rom which and the term for 
a^poinjjnent is made, and when it 
win expire, and the secretary shall deliver 
one or said certific ates to the person so ap- 
pointed, and shall cause the other certificates 
to be file d, one in the office of the city clerk, 
and one in ihe office of the clerk of the coun- 
ly in which is situated the borough from 
winch s_uch person was appointed. Upon the 
question o f th e appointment of a police clerk 
or other appointee , the members of the board 
sh all vote a s their names are called by the 
recreiary. and the vote of each member shall 
be recorded in the minutes. The salary of 

each police clerk in the first division and *n 
th e borough of Brooklyn, shail be tw^o thou- 
sand five hundred dollars and in the bor- 
oughs of Q ueens and Richmond two 
thousand dollars a year , payable nionth- 
ly, a nd no such clerk or other officer 
cr employe a ppointed by a board of city 
magistra l es shall ho ld any other office or be 
interested in any other business, but they 
shall give t lieir w'hole time to their respective 
duties, and shall be residents of The City 
of New York , and of the divisions within 
w'hich they w’ere appointed, and, in the sec- 
ond flivi^icn. they sha ll each be residents 
cf the borough from which they are appointed. 


of police clerU.<«. 

Sec. l,39r,. Before any police clerk appoint- 
ed. as provid ed in the preceding se ction, shall 
enter upon the discharge o f hi s duty, he shall 
file in the office of the con troller of the city 
a bond in the penal s um of five thousand dol- 
lars. with two s uret ies, condition ed for the 
f aithful di scharge of his duty as a police I 
clerk and the due accounting for and the 
paym ent cf al l mon ey re c eived by him as such 
deri^, stijch bond to be approved b y said co n- 
t roller, whose approval shall be evidenced by 
his c ertific ate indorse d the reon. 

Other appoIntecM. 

Sec. 1,30C. The said boards of* city magis- 
trates. and each of them, may appoint police 
clerks’ assistants and stenographers. Such 
appointees, including those in office wh^ 
ihfs act lakes effect, shall hohr their respect- 
hffe poirtlons so long as they' are faithful, 
capable and of' good conduct, and before re- 
moval for want of either or all of said quali- 
fications, the individ u al against w-hom c harges 
are made sliall have notice thereof, and an 
opportunity to make an explanation in th^ 
presence -of the*-hoard, and the reaso ns for 
any removal shall be briefly entered in the j 
iT)ih>ites. The police clerks' assistants and! 
ether assistants in an y city magist r ate's 
c ourt, shall obey the reasonable directions of 
The nnlicp clerk assigned to that co urt, sub- 
ject. however, to the proper orders of the 
city magistrate presiding and of. the board ^f 
citv magistrates. The number of poli ce 
c I erks’ . assistants in the fi rst division shall 
not exceed fourteen, and in the second divi- 
sio n shall not exceed sixteen. Police clerks* 
assistants in the boroughs cf Manhattan and 
The Bronx shall receive a salar y not exceed- 
ing two thousand aollars.per annum ; police 
clerks’ assistants in the borough of Br ooklyn 
shall receive n salary not exceedi ng fifteen 
hundred dollars per annum. The salary of 
the stenographers shall not exce ed, in the bor- 
cughs of Manhattan and Brooklyn, tw'o thou- 


sand dollar^per annum; in the other bor- 
oughs eighteen hundred dollars per aionmxT. 
Any police clerks’ assistants now in office 

t 

onie of the laws of eighteen hundred and nine- 
ty-five shall not require the magistrates ap- 
pointed in said second division to hold court 
in any other borough than that for which 
he was appointed; provided, however, that if 
a vacancy exists or the illness, absence or 
other inability of any magistrate assigned to 
hold any city magistrate's court in either 
division prevents his holding the same, any 
other city magistrate in the city of New 
York may hold such court.] 

EMlnhliNliiiiont part for rliildren's 

beyond the number herein allowed shall be 

removed by the board of city magistrates. 

There'shall be no police clerks’ assistants in 

the borough of Queens and Richmond. 

Authority to adopt rule»i. 

Sec. 1,397. Each board of city magistrates 

shall adopt, and from time to time amend or 

add to, rules relating to the following sub- 

in firHt cliviMloik. 

jects: 

1. As to the magistrates who shall hold 

See. 1,399. The board of city magistrates of 

city magistrates’ court at times and places 

the first division shall assign a separate part 

to be specified, and for a rotation of the mag- 

for the hearing and disposition of cases now 

istrates holoing such courts. 

wiinm the jurisdiction of said magistrates 

2. As to the hours at which said courts 

involving the trial or commitment of children. 

shall be opened on each day, including Sun- 

which part may for convenience be called 

nays and legal holidays, and what officers 

the children 8 court: and in all such cases the 

shall be in attendance. 

magistrate holding said court shall have 

3. As to the order of business and the man- 

all the powers, duties and jurisdiction now 

ner of its discharge, including the taking 

possessed by the city magistrates within said 

1 of bail and entering into recognizances. 

first division. Said children’s couvt shall be 

4. As to the manner in which the police 

held by the several magistrates in rotation 

clerks and their assistants shall^keep com- 

in such manner as may be determined by said 

plete records of the doings of said courts 
and magistrates, and perform their other 

board, and shall be open cn such days and 

during such hours as the said board shall la 

duties. 

its rules provide. Whenever, under any pro- 

5. As to the collection and disposition of 

vision of law. a child under sixteen years 

any moneys by any police clerk, and as to 

of age is taken before a city magistrate in 

keeping accounts of the same. 

the first division sitting in any court other 

6. The board of city magistrates in the 

than the children's court, it shall be the duty 

first division shall further adopt, and_ 2 nay 

of such magistrate to transfer the case to the 

from time to time amend, rules relative to 

children’s court, if the case falls within the 

the organization of a part cf the court for 

jurisdiction of said court as herein provided, 

the hearing of children’s teases a^provid^ 

and it shall be the duty of the officer having 

in section thirteen hundred and ninety-one 

tile child in charge to take such child before 

ot tnis act. and to me assignment of. magis- 

that court, and in any case the magistrate 

trates of the first division to hold the said 

lidding said children’s court must proceed 

part. 

Maintenance nf order in eourlH. 

Sec. 1,398. The said boards of city magis- 

to hear and dispose of the said case in the 
same manner as if it had been originally 

bioiujht therein. The board of city magis- 

trates phall appoint a clerk for the children’s 

trates. and each ot them, shall also have 

court and such assistants as may be neces- 

rower to make needful rules and regulations 

sary. whose salaries shall be fixed by the 

for the maintenance of order in and about 
the said city magistrates’ courts, and the 

board of aldermen on the recommendation of 

the board of estimate and apportionment. Th^ 
said court shall be held, if practicable, in 

officers appropriated to the use of the mag- 

isliates, clerks and officers thereof, respect- 

the building in w'Uich the offices of the de- 

ively, and all persons willfully violating any | 

parfment of public charities for the examina- 
lion of dependent children are located, or if 

such rule or regulation may be arre.sted and 

pimished in the same manner as is 

Ibis shall not be practicable, the court shall 

vided by law for the punishment of disorder- 

be held in some other building as near there- 

ly conduct tending to a breach of the peace 
in said city. And said boards make 

proper provisions by rule to prevent undue 
publicity of proceedings before any city 
magistrate in respect of any charges, pending 
attempts to rhake arrests, and also in cases 
where there is good reason to think such | 
publicity is sought for the gratification of 
malice or pernicious curiosity. Subject, to 
the rules which may be .established for the 

to as practicable, to be selected by the com- 

missioners of the sinking fund. Nothing 
herein contained shall affect any provisions 
of law with resoect to the temporary com- 

miTraent by magistrates of children chareed 
wirh crime or held as witnesses for the trial 

ot anv criminal case, or the existing juris- 

diction of the court of sneeial sessions. 

Court rocordx. 

Sec. 1.400. Each police clerk shall keep 

holding of a part for the hearing of chil- 

dren'fl cases as Provided in section thirteen 

booths of record containing the name and sex. 

hundred . and ninety one of this act. a city 

as near as raav be. the age of '^11 persons 

magistrate shall be in constant attendance 
in each of the city magistrate’seourtsbetween 
the hours of nine o clock in the morning 
and twelve o’clock noon. an<l between one 
o’clock and four o’clock in the afternoon 

against whom ^complaint or charge, and the 

nanm and residence of the complainant, giv- 

ing street and number; the date and nature 
of all warrants or other process issued, and 

against whom; the dates, nature and result 

on every day "except Sundays and legal 
holidays, but including election day, [and 
the rules for rotation of magistrates to 
be made as provided in subdivision one of 
section five of said chapter six hundred and 

of all examinations: the date of the reception 

and the name and the disposition of all pris- 

oners: the names of all persons waiving ex^ 

aminations; the names of all persons giving 


150 THE 


bail and its amount, and the names and resi- 
dence of all bondsmen; the name, residence 
and the age, as near as possible, and the sex 
of a ll persons committed, fined, convicted, 
held for trial or sent to any other court for 
trial, and for what caus e, and b y what mag- 
istrate, and at what date; the date at which 
any fi ne is paid, by whom, and the amount; 
the name, residence, age and sex of all per- 
sons discharged, b y what magistrate, of what 
char ge, and at wh at date, together with a 
suggestion of the cause of such discharge; 
the place and date of filing and the result 

of the prosecutio n of recognizances; the name 
and ad dress of any attorney appearing in 
respect of any ch arge or on any hearing, 
and the reasons for any unusual delay in 
^y proceeding, 

Qiiuliflontioiif) of city juHK'ixtrntCN. 

Sec, 1,401, \o person shall be appointed to 

the office of city magistrate unless he shall 

have been adm itted to practice as an attor- 

ney and counselor at law in the courts of this 

state at least five year s prior to the date of 
such appointment, unless he be a city m agis- 

tr ate In offi ce on the first day of January, 
nineteen h undred and two. No city magis- 
trate shall r eceive to his own use any fees 
or perquisites o f office; nor shall any such 
magi strate hold any other public office, or 
carry on any business, or practice as an at- 
torney or coun selor at law- in an y court in 
this state, or act as referee or receiver; but 
each magistrate shall devote his wh ole time 
and capacity, so far as the public interests 
demand, to -the- duties of his office,- 

SalnrlCN of city iiinK'istfateH. 

Sec, 1,402, The salaries of the city magis- 
trates now in office, and of their successors, 
t o be paid in equal monthly installments, 
shall be as follow’s: The salary for each city 
magistrate tor the first division shall be 
seven thousand dollars p er annum. The sal- 
ary of each city magistrate appointed from the 
borough of Brookly n, in the second division, 
shall be six thousand dollars per ann um. The 
salary of each city magistrate from the bor- 
ough of Queens and Richmond shall be five 
thousand dollars per annum. 

Iiinliility of initg-lxtrate to acts trnii*f«-r 

of cIiarg'CH. 

See. 1,403. If a va cancy exists in the office 
of city magistrate, or th e illness, absence or 
other inabilty of any magistrate, assigned to 
hold any city mag istrates' court in either 
division, prevent h is holding the same, any 
oU^er city ma gistrate in The City of New’ 
York, may hold s uch court, and the fact of 
such vacancy, illn ess, absence or other in- 
ability shall be adequate cause, without furth- 
er entry upon the record, for the transfer 
of all pend ing charges o r co mplaints in said 
<’Ourt. if the magistrate ap pearing and hold- 
Ing such court shall elect to proceed therein. 
No charge, complaint or person brought be- 
fore one city magistrate, except as provided 
in this section or in section thirteen hundred 
and ninety-nine of this act. shall be sent be- 
fore another magistrate, except for adequate 
cause, to be fu lly and at once entered upon 
the records kept by the respective poiice 
clerks and signed by the magistrate, and no 
person shall be committed or recommitted 
for examinatiou save for necessary cause. 


CHARTER OF THE CITY OF NEW YORK. 


to be then clearly stated upon the record; 
the hearing upon any char ge shall not be ad- 
journed to anothe r da y without the reason 
t here for being entered upon such recor d, nor 
shal l any charge be dismissed or any prison- 
er discharged without record thereof made as 
above provided . 

Appeals from city magistrates. 

Sec. 1.404 [1,412.] All provisions of law 
conferring the right of appeal and prescrib- 
ing the procedure on appeal to the court of 
general sessions of the peace in the [city 
and] county of New York from any judgment, 
order or other determination of a city magis- 
trate [police justice], including a [judg- 
ment of] commitment under section two 
hundred and ninety-one of the penal code, or 
of any court held by a city magistrate, in 
force on the first day of January, nineteen 
hundred and two [police justice], shall ap- 
ply to and regulate all appeals [from any 
judgment or other order of determination 
of a city magistrate in the county of New 
York,] and the right of appeal in all cases 
hitherto existing [to said court of general 
sessions from such judgment or other order 
of determination of such city magistrate in 
the county of New York] is hereby preserved 
and continued. [; and the like] The ri^hl of 
appeal [is hereby granted and -conferred] 
from any [ the] judgment, order or other de- 
termination of a city magistrate [elsewhere 
within The City of New York] in the second 
division, hitherto existing, to the county court 
of the county where the [same is made] 
said Judgment, order or other determination 
is made, is hereby p reserved and continued. 

Special sessions Mn first ilivlsloii] coii- 

till 110(1. 

Sec. 1.4^ [1,391.] The court of special 
sessions of The City [and county] of New 
York [now existing] is hereby continued 
with the same powers, duties and jurisdic- 
tion as it shall have by law on the first day 
of January, nineteen hund red and two, [thir- 
ty-first day of December, eighteen hun- 
dred and ninety-seven, except as here- 
in otherwise provided and shall be known 
as the court of special sessions of the First 
division of the city of New York, and the jus- 
tices of the said court, and the clerks, deputy 
clerks, and other employes thereof then in 
office, shall continue to hold their offices un- 
til the expiration of their respective terms. 
Their successors shall be appointed in the 
same manner and have the same salary, powers 
and duties as are provided by chapter six 
hundred and one of the laws of eighteen 
hundred and ninety-five.] The justices of 
the court of special sessions of the first and 


second divisions 

of The City of New 

York 

are hereby continued in office until the ex- 

plration of the 

terms for which they 

have 

been appointed. 

and their successors 

shall 

be appointed by 

the mayor for the term of 


ten years. 

YnoaneieN. 

Sec. 1,408. [1,402.] Any vacancy in said 
office shall be filled by the mayor of 
said city by appointment within thirty 
days after its occurrence. If such va- 
cancy occur otherwise than by expira- 
tion of a term the person appointed to 
fill such vacancy shall hold office for the 
unexpired term of the justice whom he suc- 
ceeds. If the vacancy occur by the expira- 
tion of a term, the person appointed to suc- 
ceed the justice whoso term has expired shall 
hold office for the term of ten years. The 


salary of the justices of the court of special 
sessions in the fi rst division shall be nine 
thousand dollars a year; and in the second 
division shall be six thousand dollars a year; 
to be paid in all cases in equal monthly in- 
stallments. 

Clerks. 

Sec. 1,407. Justices o f the said court of 
special sessions for the first and seco nd divi- 
sions respectively shall appoint a cler k and 
deputy clerk of such court. Such clerks and 
deputy clerks shall respectively hold office 
for the term of five years fro m the date of 
their appointment, and the clerks and deputy 
clerks now in office shall serve until the 
expiration of their present terms. The clerk 
in the first division shall receive a salary of 
four thosand dollars a year, payable In 
m onthly Installments, and the clerk of the 
second divisio n shall receive a salary of 
three thousand d olla rs a year, and payab le 
in equal monthly insta llments. Any vacancy 
in the office of clerk or deputy clerk shall be 
filled by the justice of s aid court by appoint- 
ment. If any vacancy shall occur otherwise 
than by -ixpiration of the term of office, the 
person appointe d to fill such vacancy shall 
hold office for the b alance of the unexpired 
term of the officer whom he succeeds. The 
said justices shall also appoint s uch and so 
many offic ers and attendants, including a 
stenographer, as may be necessar y for the 
due transaction of the business of said court. 
The said justices may remove the clerk, 
deputy clerk or any officer or attendant, but 
no deputy clerk , officer or attendant sh all 
be removed until he shall have had notice 
of the cause of hi s removal, and shall have 
been afforded an opportunity of making an 
explanation before said justices or a ma- 
jority of them and the reasons of any re- 
moval shall be entered in the minutes of the 
court. 

Jurisdiction. " 

Sec. 1,40 9. [1,406.] The said courts of spe- 
cial sessions shall have jurisdiction as fol- 
lows: 

1. Except as otherwise provided in this 
title, the said courts of special sessions of 
the city of New York shall have in the first 
instance exclusive jurisdiction to hear and 
determine all charges of misdemeanors com- 
mitted within the city of New York, except 
charges of libel. Provided, however, that 
the same shall be tried in the county wherein 
such misdemeanors are charged to have been 
committed. 

The said courts shall, however, be divest- 
ed of jurisdiction to proceed with the hearing 
.^nd determination of any charge of misde- 
meanor in either of the following cases: 

First: If before the commencement of the 
trial in said court of any person accused of 
a misdemeanor, a grand jury shall present 
an Indictment against the same person for 
the same offense; or 

Second; If, before the commencement of 
any such trial, a justice of the supreme court 
In the judicial department where such trial 
would be had; or, if the charge be triable in 
the county of New York, the recorder of the 
county of New York or a judge authorized to 
hold a court of general eessions of the peace 
In and for the county of New York; or, if the 
charge be triable in another county, a county 
judge of such county shall certify that it is 
reasonable that such charge shall be prose- 
cuted by Indictment. No such certificate 
Bhall be made upon the application of a 


THE 


fendant, without at least two days’ notice to 
the district attorney, but pending the deter- 
mination of the application theretor, any just- 
ice or judge authorized to make such certifi- 
cate may order that all proceedings in the 
court of special sessions, except to admit to 
bail, be stayed for a period or for successive 
periods, which shall not in all exceed ten 
days. Upon the service of said order upon 
the clerk of the said court of special sessions 
in the county wherein the ch-arge is 
triable, all proceedings thereon in sa'd court, 
except to admit the defendant to bail, shall be 
stayed until the exp'ration of the time speci- 
fied in said order. Upon the filing of the cer- 
tificate aforesaid with the clerk of the said 
court of special sessions, in the county where- 
in the charge is triable, all further proceed- 
ings thereon by said court of special sessions 
shall be stayed, and the said clerk shall wlth- 
■ in five days thereafter make a return of all 
proceedings had in the said court of special 
sessions relating to such charge and transmit 
such return and all papers relating to sucfl 
charge, together with said certificate and any 
undertaking given by the defendant to the 
district attorney of the county wherein the 
misdemeanor charged is alleged to have been 
committed. The said district attorney shall, 
without delay, present the said charge to the 
grand jury of said county. 

2. They shall have jurisdiction at the re- 
quest of a defendant to remit a fine Imposed 
by them and in place of such fine to substitute 
In their disci etlon imprisonment. 

3. They shall have exclusive jurisdiction in 
the first instance of all proceedings respecting 
bastards within the city of New York and the 
jurisdiction conferred by section 838 to 860 in- 
clusive of the code of criminal procedure shall 
be exclusively exercised within said city by 
said courts. The application specified in sec- 
tion 840 of said code of criminal procedure 
shall be made to the court of special sessions 
in the county wherein a bastard is born or 
where the woman pregnant of a bastard likely 
to be born is. 

4. The said court and its justices shall have 
and exercise all the powers and jurisdiction 
not inconsistent with this act which on the 
[thirty-first day of December, eighteen hun- 
dred and ninety-seven,] first day of January, 
nineteen hundred and two, shall by law be 
vested in the court of justices of special ses- 
sions in The City [and county] of New York, 
[and in the police courts, police justices and 
courts of special sessions in any part of the 
territory embraced within The City of New 
York as constituted by this act, excepting 
that conferred upon police justices of the city 
of Brooklyn by section twenty-two hundred 
and thirty-four of the code of civil procedure; 
and the same jurisdiction and powers in all 
matters relating to the administration of 
the criminal law’ not inconsistent with this 
act which on said thirty-first day of De- 
cember, eighteen hundred and ninety-seven, 
shall by law be vested in justices of the 
peace in any part of said territory.] 

Practice. 

Se c. 1,410. [1,407.] On and after the first 
day of February, eighteen hundred and nine- 
ty-eight, all sections of the code of 
criminal procedure constetent wHh this act 
regulating and controlling the practice and 
procedure of the court of general sessions of 
the peace in fhe city and county of New Y'ork 
shall apply, ae far as may be, to the practice 
and procedure in the said courts of special 
sessions, and shall regulate and control the 
practice and procedure of said courts in so 
far as their jurisdiction and organization will 
permit. All trials in said courts of special 


CHARTER OF THE CITY OF NEW 


cessions provided for by this title shall he 
without a jury. 

JiiMticcM to be ninsistrateH. 

Sec. 1,411. [1,408.] The justices of said 

courts of special sessions are magistrates, 
and shall have and exercise all the jurisdic- 
tion and pow'ers not inconsistent with this ^ 
act which are by law conferred upon magis- 
trates. 

Adoiition of rules. 

Sec. 1,412. [1,409.] The Justices of said 
courts of special sessions shall meet and adopt 
and from time to time amend or add to rules 
relating to the following subjects; 

1 1. Regulating the procedure and practice 
of said courts. 

2. Prescribing the duties of the clerks and 
other ofiicers and attendants of said courts. 

Res'ulntiou of time, etc. 

Sec. 1,413. [1,410.] The justices of said 
courts of special sessions of said first and 
second divisions of The City of New York, 
respectively, shall meet and adopt and may 
from time to time, amend or add to rules 
relating to the following subjects: 

1. Establishing the times and places at 
which said court shall be held within each 
of said divisions respectively. 

2. Assigning the justices to hold said courts 
from time to time, but if any justice assigned 
to sit in said court at any time shall be ab- 
sent any other justice of the court of special 
sessions in the city of New York may sit in 
his place and stead. 

Axipeals from special HesHlons. 

Sec. 1.414. If any judgment or determina- 
tion made by the said court of special ses- 
sions shall be adverse to the defendant, he 
may appeal therefrom in the same manner 
as from a judgment in an action prosecuted 
by indictment, and may be admitted to bail 
UDon an appea l in like manner; and if the 
judgment of the sup reme court upon such an 
appeal shall be adverse to the defendant, he 
may appeal therefrom to the court of ap- 
psals as prescribed in the code of criminal 
procedure. In case of any such appeal t o 
th e supreme court or to the court of appeals, 
the procedure in, and the jurisdiction of, the 
said courts respectively, shall be the same as 
from a judgment of conviction after indlct- 
ment. 

Dnty of iliKlrlct attorney to attend 

eonrt, etc. 

Sec. M15. [1,411.] It shall be the duty of 
the district attorney of each of the counties 
of New York, Kings, Queens and Richmond 
to attend in person or by an assistant at all 
sessions of said court of special sessions with- 
in his county. No district atto rney or as-, 
sistant dist rict attorney of the counties of 
New York or Kings s hall appear as attorney 
or counsel in any action or litiga tion , except 
in the discha rge of his official duties, nor ac- 
cept an ap pointment as referee or receiver in 

any action or proce^e^ng. 

Qnallflcaf Iona of jastices of wpeeinl wew- 

alonw. 

Sec. 1,416. No person sh all be appointed to 
the office of justice of the court of specia l | 
sessions in The City of New York, unless he 
shall be a resident of the said city and of the | 

division of th e city for whic h he sha ll be a p- | 
pointed; nor unless he shall have been admit- ■ 
ted to practice as an attorney and counselor 

at law in the courts of this state at least ten ^ 


YORK. 151 


years prior to the date o f such appointment. 
No such justice sh all receive to his own use 
any fees or perquisi tes of office; nor shall any 
such Justice hold any other public office, or 

carry on any business, or practi ce as an at- 
torney or counselor at law in any court in 
this state, or act as r eferee or receiver; but 
each such ju stice shall devote his whole 
time a n d capacity, so far as the public inter- 
ests demand, to the duties of his offic e. 

Possession of court houses. 

Sec. 1,417. [1,415.] The city maglstratea 
and th e bo a rds o f city magistrates and tha 
justices of the court of special sessions [ap- 
pointed or continuing in office pursuant to 
this title shall have on and after the said 
first day of February, eighteen hundred and 
ninety-five,] shall continue to have the like 
access and possession in respect to the court 
houses [or other places provided for the pro- 
ceedings of police justices within said city, 
as hereby constituted, as were therefore en- 
joyed by the police justices in the territory 
embraced within said city as so constituted] 
as they have hitherto had . And it shall be 
the duty of the city of New York apd its 
several ofiicers charged with duties in that 
behalf to supply and pay for whatever may be 
necessary for the transaction of business of 
the said city magistrates and courts of spe- 
cial sessions and the justices thereof, and to 
supply all proper court houses and accommo- 
dations, books, stationery and furniture, and 
to pay all salaries, compensations, expenses 
and disbursements that may be he rein au- 
thorized b y law [herein authorized by said 
chapter six hundred and one of the laws of 
eighteen hundred and ninety-five] ;. and tha 
board of estimate and apportionment shall 
annually include in its final estimate such 
sums as may be necessary to pay such sal- 
aries, compensations, expenses and disbuiAk 
ments. 

TITLE 4. 

THE M.\R9H.\L8. 

MarnhalM of the eltles of New York nu< 

Brooklyn eontinned. 

Sec. 1,424. The marshals., in the city ot 
New York as heretofore known and bounded, 
and the marshals and constables in the cities 
of Brooklyn and Long Island City, and in 
the several towns mentioned in section 
1 of chapter 1 of this act, in office at 
the time this act shall take effect, shall con- 
tinue to hold such olfices and perform the 
duties thereof until midnight of the thirty- 
first day of January, one thousand eight hun- 
dred and ninety-eight, and said terms ot 
office shall then expire, except those of the 
marshals in the late city of New York and 
the marshals in the late city of Brooklyn, 
who shall continue to be marshals of the city 
of New York, as hereby constituted, till lh« 
expiration qf their respective terms. 

Mayor to apiioint niarshalN; term of 

olBce. 

Sec. 1,425. On or before the twentieth day 
of January, 1898, the mayor of the city of 
New York shall appoint ten marshals in the 
manner provided in the next section, who 
shall hold their respective offices for si.x 
years, and there shall be appointed in the like 
manner every sixth year hereafter the same 
number of marshals for the like terms. Any 
person appointed after the commencemeuc 
of the term, as herein prescribed, shall hold 
only until the expiration of the term and un- 
til a successor is duly appointed and has qual- 
ified. 


152 


THE CHARTER OF THE CITY OF NEW YORK. , 


III.: niitrshalM for the huroiiKhx of 

ilueeiiH anil tlii'Iiiooiiil. 

Sec. 1,426. Si.x cf said marshals so to be 
appointed shall be residents of the borough 
of Queens and four residents of the borough 
cf Richmond, and said marshals shall be as- 
signed by the mayor to such duty within the 
boroughs wherein they reside respectively 
as is or may be provided by law. 

Successors to present mar.shnls of Xew 

York city. 

Sec, 1,427, On the expiration of the terms 
of said marshals of the city of Xgw York men- 
tioned In the last clause of section 1,424 of 
this act, the said mayor shall appoint' their 
successors for terms of six years respectively. 
I’ovvers, ilutles ami fees. 

Sec. 1,428. In so far as consistent with this 
act. the provisions of law relating to the 
bonds, duties, powers and fees of marshals, 
and all other matters concerning marshals in 
the city of New York in force on the thirty- 
first day of December, 1897, shall apply to the 
marshals appointed or continued in office pur- 
suant to this title; provided, however, that 
the bonds of said marshals so appointed pur- 
suant to this title shall be filed In the office of 
the city clerk, and that in the prosecution of 
the official bonds of all marshals, application 
for leave to prosecute the same shall be made 
to a justice of the supreme court at chambers 
in the judicial department wherein the bor- 
ough for which such marshal shall have been 
appointed is situated, and such leave shall 
not be granted unless it appears that a tran- 
script of the judgment against such marshal 
has been filed In the office of the clerk of the 
county within which such borough is situated, 
and such justice may order such bond to be 
prosecuted in the municipal court of the city 
of New York, or in the city court of the city 
of New York if such -borough be within the 
county of New York, or in the county court 
of the county wherein such borough lies, if 
in any other county. 

Ileniuvnl of irinmlinls. 

Sec. 1,429. The mayor may remove any mar- 
shal. after giving him an opportunity to be 
heard, upon charges in writing preferred 
against such marshal and filed with the 
mayor. 

• TITLE 5. 

lYTERPRETEHS. 

Interpreters. 

Sec. 1,430. The president of the municipal 
court justices, the president of the board of 
city magistrates of th e first division, the pres- 
ident of the board of city m agistrates of the 
second division, a justice of the court of spe- 
cial sessions of the first division to be selected 
by the justices of said court, and a justice 
of the court of spe cial sessions of the sec- 
ond division to be selected by the justices 
of said court, shall constitute the board of 
control of interpreters for the inferior courts. 
All interpreters of the inferior courts of The 
City of New York other tha n The City Court 
of New York now in office, e.xc ept those ap- 
pointed pursuant t o chapter six h undred 
and twenty-three of the laws of eighteen 
hundred and seventy-five, are hereby con- 
tinued as such, and shall be subject to the 
control and supervision of said board of con- 
trol. and shall report for duty in the court, 
or courts, to which they may be assigned by 
said board of control through the president 
thereof. Said board shall make rules and 


regulations gover.ning the time an d place of 
service of said interpreters an d shall hold 
them amenable for a ny infraction of said rules, 

shall fill all vacancies and make removals 

tor cause after due notice a nd hearing. The 
number of Interpreters shall not exceed the 
number from time to time fixed by the board 
of aldermen on the recommendation of the 
board of estimate and apportionment. All va- 
cancies in su ch position shall be fill ed by ap- 
pointment by the board of control hereby 
created. 

CHAPTER XXI. 

THE ACQI ISITIOA OF E.VMIS .\\D IN- 
TERESTS THEREIN FOR PIBLIC 
PI KPOSES. 

Proceiluro for neiinirenieiit of lantls 

nnd iiiferestH therein. 

Sec. 1,435. Whenever the city cf New York, 
or any of the departments, including ihe de- 
partment of education, [or] boards or 
officers of the said city government, shall be 
authorized by law to acquire title to real 
estate or any tenements, hereditaments, cor- 
poreal or incorporeal rights in the same, for 
any public use or purposes by condemnation, 
the proceeding for that purpose shall be 
taken and conducted in the manner pre- 
scribed in this title, except as provided In 
section fourteen hundred and forty-eight of 
this act. 

Maps to he prepared; entry on prem- 
ises for exainlnatioii thereof. 

Sec. 1.436. When any such lands have been 
selected, and the said department [or] board 
or officer has determined to take proceedings 
for the acquisition of the same, said depart- 
ment [or] board or officer shall cause two 
similar surveys', maps, or plans thereof to 
be prepared, one of which shall be filed in 
the office of the said department [or] board 
or officer, and the other of which shall be 
filed in the office of the register or county 
clerk of the county in which the lands are 
situated; and it shall be lawful for the duly 
authorized agents of the said department 
[or] board or officer, and all persons acting 
under his or its authority, and by lds_or 
its direction, to enter, in the daytime, into 
and upon any and all lands, tenements, and 
hereditaments which It shall be necessary 
to enter into and upon for the purpose of 
making such surveys, maps or plans or for 
the purpose of making such soundings or 
borings as the said department [or] board 
or officer may deem necessary. 

Appointment Hiiil duties of commis- 
sioners of estimute. 

Sec. 1,437. When the said maps, surveys or 
plans have been filed as hereinbefore provid- 
ed. the said department [or] board or 
officer of the said city acting by and 
through the corporation counsel of said 
city, is hereby authorized to make ap- 
plication to a special term of the supreme 
court, in and for the judicial district in which 
said lands are situated, for the appointment 
of commissioners of estimate, and the said 
court shall thereupon name three discreet and 
disinterested persons, being residents of the 
city of New York, as such commissioners of 
estimate, for the purpose of performing the 
duties hereinafter mentioned. Ten days' no- 
tice of such application, Sundays and hollda.vs 
excluded, shall be published in the City Rec- 
ord and the corporation newspapers, and al- 
so at the option of the corporation counsel in 
other newspapers, not exceeding three in num- 
ber, published in said city of New York. Up- 
on the appointment of said commissioners 


they shall severally take and subscribe an 
oath or affirmation, before some officer author- 
ized to administer oaths. In the form required 
by section 1 of article 13 of the constitution 
of this state, which oaths shall be forthwith 
filed in the office cf the clerk of the supreme 
court in the judicial district in w’hich said 
lands are situated. It shall be the duty of the 
said commissioners, after having viewed the 
said lands, tenements, hereditaments and 
premises required for public uses and pur- 
poses, as above set forth, to make a just and 
equitable estimate of the loss and damage to 
the respective owners, lessees, parties and 
persons respectively entitled to or interested 
in the said lands, tenements, hereditaments 
and premises, and to make report thereof to 
the said supreme court with due diligence. 

Reiiorts of eoinnilsiiionerii of estimate; 

If re.sentatioii thereof tif the court; 

when title to vest In city. 

Sec. 1,438. In each and all and every case 
when the owners, or parties interested, or 
their respective estates and interests are un- 
knoRm, or not fully known, to the said com- 
missioners, it shall be sufficient for them to 
estimate and set forth and state in their said 
reports, in general terms, the respective sums 
to be allowed and paid to the owners and pro- 
prietors generally of such lands, tenements, 
hereditaments and premises and parties in- 
terested therein, for the loss and damage to 
such owners, j.rcprletors and parties interest- 
ed in respect of the whole estate and inter- 
est of whomsoever may be entitled unto or 
Interested in said lands, tenements., heredita- 
ments and premises respectively, by and in 
consequence of the taking of the same as 
herein provided, withput specifying the names 
cf the estate or Interests cf such owners, pro- 
prietors and parties interested, or either of 
them, and upon the coming in cf the said re- 
port, signed by the said commissioners, or a 
majority of them, the said supreme court at 
a special term thereof held in and for the 
judicial district as aforesaid, shall, by order, 
upon application of the said city, or the said 
department or board of the government there- 
of conducting said proceeding, after hearing 
any matter which may be alleged against the 
same, either confirm said report In whole or 
in ■ part or refer the same back to the same 
commissioners for revisal and correction, cr 
to new comm'ssioners, to be appointed by 
the said court, to recensider the subject mat- 
ter thereof, and the said commissioners to 
whom the said report shall be so referred 
shall return the said report, corrected and re- 
vised, or a new report, to be made by them, 
as aforesaid, , in the premises, to the said 
court, without unnecessary delay, and the 
same on being so returned s'nall be confirmed 
or again referred by the said court, as justice 
shall require, and such report when confirmed 
by said court, in whole or In part, shall be 
final and conclusive, as well upon the said 
city and the said department or board as up- 
on the owners, lessees, persons and parties in- 
terested in and entitled to the lands, tene- 
ments, hereditaments and premises mentioned 
in said report, and also upon all other persons 
whomsoever. And on ■ the final confirmation 
of said report, the said city of New York, ex- 
cept as hereinafter provided, shall become 
and be seized, m fee simple absolute, c-f the 
lands included in said report, the same to be 
converted, appropriated and used' to' and for 
the purposes for which the same shall be ac- 
quired accordingly. And thereupon the said 
city, acting by and through the department 
cr board instituting and having charge of said 
proceeding, shall immediately take possession 
cf the same, without any suit or proceedings 
■ at law for that purpose, and all leases and 
other contracts in regard to the said land* 


153 


THE CHARTER OF THE CITY OF NEW YORK. 


so taken, or any part thereof, and all cove- 
nants, contracts, or engagements between 
landlords and tenants, 6r any other contracting 
parties, shall, upon the confirmation of such 
reports, respectively cease and determine and 
be absolutely discharged according to law. 

When title niuy he venteU hy re.sulu- 

tloii. 

Sec. 1,439. Should the department [or] 
board or officer of the said city government 
instituting the said proceeding deem it for 
the public interest that the title to the lands 
and premises, or any interest therein, re- 
quired for any public improvement or for any 
public purpose and acquired hereunder, should 
be acquired by The City of New York at a 
fixed or specified time, the said department 
[or] board or officer may direct, by resolu- 
tion passed before the application to the court 
for the appointment of commissioners of 
estimate, made under section fourteen hun- 
dred and thirty-seven of this act, if said 
resolution be approved by the board of esti- 
mate and apportionment by a three-fou^hs 
vote, [aud] which said resolution and ap- 
proval shall be recited in the petition for the 
appointment of such commissioners, that at 
a date four months after the filing of the 
oaths of said commissioners, the title to any 
piece or parcel of land, or to any Interest 
therein, to be taken or acquired in the said 
proceeding, shall vest in the city of New 
York. .\t the expiration of said four months 
from the filing of said caths. the said city 
of New Y’ork shall become and be seized in 
fee of said lands, tenements and heredita- 
ments and all interests therein in said resolu- 
lion mentioned, that shall or may be acquired 
as aforesaid, the same to be held, apnropri- 
ated, converted and used to and for the pur- 
poses for which the said proceeding is insti- 
tufed. In such cases interest at the legal 
rate upon the sum or sums to which the own- 
ers, lessees, parties or persons interested 
in the said real estate or interests therein are 
justly entitled upon the date of the veUlng of 
title in the city cf New York, as aforesaid, 
from said date to the date cf the payment of 
the award made to such owners, lessees, par- 
ties cr persons in interest shall be paid as 
hereinafter set forth. And at the expiration 
of the .aid four months and upon the vest- 
ing. cf said, title,, the said city, acting by and 
ihrough the said department [or] board 
or officer conducting said proceeding, 
shall immediately take possession of the j 
lands included in the same and the 
Interests thereby affected, without any | 
suit or proceeding at law for that 
purpose. And all leases and other contracts 
in regard to said lands so taken, cr any part 
thereof, and all covenants, contracts or en- 
gagements between landlords and tenants or 
any other contracting parties shall, upon the 
vesting of said title, respectively cease and 
determine and be di-charged according to 
law. 

Notice of deposit nini i>rese3ilatioi» of 
l•ep<»^t: pnyiiieiit <»f awards with in- 
terest. 

Sec. 1,440. The said commissioners of esti- j 
mate, at least fourteen days before they prs- j 
sent their report to the supreme court, shall | 
deposit a true report or transcript of such j 
estimate in the office of the depart- 
ment [or] board or officer conducting 
such proceeding, ' for the inspection of 
whomsoever it may concern, and shall 
give daily ' notice by advertisement in 
the City Record and the corporation new's- 
papers, and also, at the option of the corpora- 
tion counsel, in other newspapers, not ex- 
ceeding three In number, published in said 


city of New York, for te«i days, Sundays and 
holidays excluded, after depositing such re- 
port, of the said deposit thereof In said office, 
and fer the day on which the said report will 
be presented to said court, and any person 
or persons whose rights may be affected 
thereby, and who may object to the same, cr 
any part thereof, may, within ten days after 
the first publication of such notice, set forth 
their objections to the same in writing to 
the said commissioners, who shall, after hear- 
ing the parties so objecting, thereupon re- 
consider their said estimate and as-sessment, or 
the part or parts thereof so objected to, and 
in case the same shall appear to them to re- 
quire correction, but not otherwise, they 
shall and may correct the same accordingly. 
The City of New York shall, within two 
calendar months after the confirmation of the 
said report, pay to the parties entitled there- 
to the respective sum or suras so estimated 
and reported in their favor respectively, with 
lawful interest from the date of the confirma- 
tion cf the report of said commissioners, cr 
If title to said lands shall have vested In the 
city under section fourteen hundred and 
thirty- [eight] nine of this act, from the 
date cf said vesting; and in default thereof 
said persons or parties respectively, his, her, 
of their respective heirs, executors, adminis- 
trators, successors cr assigns, may at any time 
or times after application first made, by him, 
her, or them to the controller of The City of 
New York for payment thereof, sue for and 
recover the same with lawful interest, as 
aforesaid, and the costs of suit. 

OwiieriH HiiUnown, Infants, or of uii- 

Hounil ini ml. 

Sec. 1,441. Whenever the owners and pro- 
prietors cf any land.s, tenements, heredita- 
ments and premises to be taken for any of the 
purposes aforesaid, or the party or parties, 
person or persons interested therein, or any or 
either of them, the said owners. pr.rprietor3. 
parties or persons, in whose favor any such 
sum or sums cr c.ompeniation sliall be so re- 
ported. shall be under the age of 21 years, non 
compos mentis or absent from the city of j 
New York; and also in ail cases where the j 
name or names of the owner or owners, parties 
or persons entitled unto or interested in any | 
lands, tenements, hereditaments or premises i 
that may be so taken for any of the purposes I 
aforesaid, shall not' be set forth or mentioned 
in said report; or when the said owners, par- j 
ties or persons respectively, being named j 
therein, cannot, upon diligent inquiry, be | 
found, it shall be lawful for the said city cf j 
New York to pay the sum or sums mentioned j 
in the report as payable, or that would be j 
coming to such owners, proprietors, parties I 
and persons respectively, into the supreme | 
court, to be secured, disposed of, invested 
and paid out, as the appellate division of the 
supreme court, in said Judicial district, shall 
direct; and such payment shall be as valid and | 
effectual in all respects as if made to the said ! 
owners, proprietors, part.'es and persons re- i 
spectively, themselves, according to their ; 
Just rights, if they had been known, and had ! 
all been present, of full age, compos mentis; j 
and provided, also, ihat in all and each and i 
every case or cases, v. here any such sum or j 
sums or conipensation, so to be reported by j 
said commissioners in favor of any person or j 
persons, party cr parties whatsoever, whether 
named or not named in said report, shall be 
paid to any person or persons, party or parties 
whatsoever, when the same shall of right be- 
long to and ought to have been paid to some 
other- person or persons, party or partie.s, it 
shall be lawful for the person or persons, party 
or parties to whom the said sura or sums ought 
to have been paid, to sue for and recover the 


same, with lawful interest and costs of suit, 
as so much money had and received to his,‘ her 
or th^ir use, by the person or persons, party 
or parties, respectively, to whom the same 
shall have been so paid. Payment of the com- 
pensation awarded by said commissioners of 
estimate to the persons named in their report 
(if not infants or persons of unsound mind) 
shall, in the absence of notice to the controller 
of the city of New York of adverse claims 
thereto, protect said city. The said oommis- 
s.ioners of estimate shall include and set forth 
in their report the names cf the respective 
owners, lessees, parties and persons entitled 
unto or Interested in said report, and each and 
every part and parcel thereof, as far as 
the same shall be ascertained by them, and add 
a designation and description of such respect- 
ive lands and parcels cf land aforesaid, and 
also the several respective sums estimated as 
and for the compensation and recompense or 
allowance to be made for tlie loss and damage 
of the respective o'^-ners of the fee or inherit- 
ance cf such lands, tenements, hereditaments 
and premises respectively, and for the loss 
and damage of the respective owners of ths 
leasehold estate, or their interest therein, sep- 
arately. .And the said commissioners shall 
also include in said report the amount of their 
fees and all costs and disbursements for ex- 
penses of surveys, maps and other things. 

Apiieal. 

Sec. 1,442. Within twenty days after notice 
of the confirmation of the report of the com- 
missioners as provided for in section 1,433 
of this act, any party interested and deeming 
himself or themselves aggrieved may appeal 
by notice in writing to the ether party, to the 
appellate division of the supreme court in 
said judicial district from the appraisal and 
report of the commissioners. Such appeal 
shall be heard on due notice thereof, being 
given according to the rules and practice of 
said court. On the hearing of such appeal, 
the court may direct a new appraisal and 
detErininatii n of any question passed upon, by 
the same cr new ccmmissioneis, in its dis- 
cretion. but from any determination of the 
special term an appeal may be taken up n 
the merits to the said appellate division of 
said court and from any determination of the 
said appellate division any party, if aggrieved, 
may take an appeal to the court of appeals, 
but only as tc a question affecting the prin- 
ciple of tile assessment of damages by the 
said c mmissioners. In the case of a new 
appraisal the second report shall be filed and 
notice thereof given, and such review upon 
appeal or c tberwise b • had as in the case of 
an crigina! report, and so from time to time 
until a report shall be. presented which tho 
said court at special term shall finally af- 
firm, and shall be affirmed upon appeal, should 
any appeal be taken. But the taking of an 
appeal by any person or persons shall not 
operate to stay the proceedings under this 
title except as to the particular parcel of real 
estate with which the said appeal is concern- 
ed. Such appeal shall be heariT upon the 
evidence taken before such commissioners, 
and any affidavits as to irregularities. 

Ileinovnl, etc., of coiuiialHMioiierH of 
(‘Kf ill! ate. 

Sec. 1,443. In case of death, resignation, in- 
sanity, disqualification, refusal or neglect to 
act, or removal of any such commissioner of 
estimate appointed as in this chapter pro- 
vided, it shall and may be lawful for the 
court aforesaid, at a special term thereof, held 
in the Jiidleial district as aforesaid, on the 
application of the department or board of the 
city of New York, conducting said pro- 
ceeding, as often as such event may happen, 
to appoint a discreet and disinterested persoi^ 


THE CHARTER OP THE CITY OP NEW YORK. 


1~>4 


being a resident of the said city of New York, 
In the place and stead of such commlssi 9 ner 
so dying, resigning, becoming insane or dis- 
qualifled, refusing or neglecting to act, or re- 
moved, and the surviving commissioners, as 
the case may be, shall have full power to 
proceed in the execution of the duties of their 
appointment unti' the successor of the com- 
missrioner so dying, becoming insane, resign- 
ing, being disqualified, neglecting or refus- 
ing to act, or removed, shall be appointed. 
Ten days’ notice of said application shall be 
given to all parties who have appeared in 
the proceeding. 

Povverx of coinitiisHioii'orH and of a 
majority thereof! fees, expenses. 

Sec. 1,444. In each and every case of the ap- 
pointment of commissioners under this act. 


it shall 

be 

competent 

and lawful 

for 

any two. 

of 

such commissioners so 

ap- 

pointed 

as 

aforesaid. 

to proceed 

to 

and execute 

and perform 

the trusts 

and 


duties of their said appointment, and their 
acts shall be as valid and effectual as the 
acts of all the commissioners if they had 
acted together would have been; and further, 
in all cases, the acts, proceedings and decis- 
ions of a major part of such of the commis- 
sioners as shall be actihg in the premises, 
shall be as valid, binding and effectual as if 
the said commissioners named and appointed 
for such purposes had all concurred and Joined 
thsreln. In the said proceedings, any of the 
said commissioners of estimate may issue 
Bubpenas and administer oaths to witnesses. 
Each c ommissioner [The commissioners] ap- 
pointed under and by virtue of this chapter, 
who shall enter upon the duties of his [their] 
appointment, shall [each] be entitled to re- 
ceive [such compensation as shall be award- 
ed by the court,] upon the confirmatio n of 
[their respective reports,] the report or 
other determinatio n of the proceeding, not 
exceeding ten dollars for each day upon 
which [they shall meet and be] he attends 
a meeting of said commissioners ajid is actu- 
ally and necessarily employed in the perform- 
ance of t he duties imposed upKin them by 
this act at the offices provided for said com- 
missioners by the corporation counsel or at 
a meeting of th e commissioners to view the 
premises, [their duties as commissioners] 
besides all reasonable expenses, to be taxed 
and allowed by said court for maps, surveys, 
clerk hire and other necessary expenses and 
disbursements, and the same shall be in- 
cluded in, considered and paid as part of the 
expenses of acquiring the lands or interest 
therein for the acquirement of which the said 
proceeding is instituted. 

ABueiidnieuts of defects. 

Sec. 1,445. The special term of the supreme 
court, in the judicial district, as aforesaid, 
shall have power at any time to amend any 
delect or informality in any of the special pro- 
ceedings authorized by this chapter that may 
be necessary, or to permit any person having 
an interest therein, to be made a party there- 
to, or to relieve from any default, mistake or 
Irregularity, or to direct such further notices 
to be given to any party in interest as it 
deems proper. And the said court may, at any 
time, remove any of said commissioners of 
estimate who, in its judgment, shall be in- 
capable of serving, or who shall, for any rea- 
son in its judgment, be an unfit person to 
serve as commissioner. The cause of such 
removal shall be specified in the order mak- 
ing the same. If in any particular it shall 
at any time be found necessary to amend any 
pleading, proceeding, or to supply any defect 
therein arising in the course of any special 
j^rcceeding authorized by this aot, the same 


may be amended or supplied in such a man- 
ner as shall be directed by the said special 
term of the supreme court, which is hereby 
authorized to make such amendment or cor- 
rection. 

Corporation counsel to appear and 

protect interests of the city. 

Sec. 1,446. The corporation counsel shall, 
either in person, or by such counsel as he 
shall designate for the purpose, appear for 
and protect the Interests of the city in all 
such proceedings in court and before the 
commissioners of estimate. 

Source of payment of awards and ex- 
penses. 

Sec. 1,447. The amounts of the awards made 
in a proceeding brought under this chapter for 
the value of lands and Interests therein taken 
hereunder, shall be paid out of the fund cre- 
ated by the act. ordinance or resolu- 
tion authorizing the acquirement of the 
said lands or interests therein, and the 
money for the payment thereof, together with 
the .fees of the commissioners of estimate, 
the compensation of such necessary clerks or 
assistants as they may employ, and all other 
necessary expenses in and about the special 
proceeding instituted under this chapter, in- 
cluding the fees of counsel employed by the cor- 
poration counsel in the proceeding, and all 
other reasonable expenses Incurred by said 
corporation counsel in the conduct of said 
proceeding, shall be also paid out of the said 
fund so provided. Such fees and expenses 
shall not be paid until they have been taxed 
at a special term of the supreme court in the 
judicial district as aforesaid, upon five days’ 
notice to the corporation counsel of the city 
of New York. Upon such taxation due proof 
of the nature and extent of the services ren- 
dered and disbursements charged shall be fur- 
nished, and no unnecessary costs or charges 
shall be allowed. All such costs, fees and ex- 
penses or disbursements to be taxed, as afore- 
said, shall be stated in detail in the bill of 
costs and charges and expenses, and shall be 
accompanied by such proof of the reasonable- 
ness and necessity thereof, as is now required 
by law and the practice of the said court upon 
ta.xation of costs and disburs«ments in other 
special proceedings or actions in said court. 

Wliat i>i*<>cee«lingni excepted from pro- 
visions of tliis chapter. 

Sec. 1,448. The provisions of this chapter 
shall not apply to any proceedings for the pur- 
pose of opening any streets, avenues, or public 
places, parks or parkways, or to any proceed- 
ings for the improvement of or in connection 
with the water supply of the city of New 
York, or for the acquisition of lands for sewers 
or drains as provided for in section [five] 
three hundred and [sixty-one] ninety-six of 
this act, or for the acquisition of wharf prop- 
erty for the improvement of the water front 
of said city, or to any proceedings, of any 
nature, instituted prior to the time of the 
taking effect of this act, and such proceeding 
shall be conducted in all respects as if this 
act bad not been passed. 


CHAPTER XXII. 

GEXERAI. STATUTES. 

[Title 1. The streets.] 

[Title 2. Amusements.] 

. [Title 3. Birds.] 

Title [4]_1^ Commercial paper during epi- 
demic. 

Title [5] ^ Pharmacists and druggists. 
Title [6] Board of city record. 

Title [7] 4^ General provisions. 

Title [8] 5. Coroners. 


TITLE [4] 

COMMERCIAL PAPER DIRIXG 
EPIDE.MIC. 

Persons, etc., in infected district niny 
have nnmes, etc., resistered hj- city 
clerk. 

Sec. 1,499. Whenever the board of health 
shall, by public notice, designate any portion 
or district of the city of New York as being 
the seat of any infectious or contagious dis- 
ease, and declare communication with such 
portion or district dangerous, or shall pro- 
hibit such communication, it shall be the duty 
of the city clerk during(the continuance of 
such disease in such district to provide and 
keep in his oflice a book lor the purpose of 
registering, in alphabetical order, the names, 
firms and places of business of any inhabi- 
tant of the city who shall desire such regis- 
try to be made. 

Id.; must register place at wliieli eom- 
mereial paper to be presented. 

Sec. 1,500. It shall be the duty of all per- 
sons and firms usually resident or doing busi- 
ness within such infected district to register 
in the book so provided by the said city 
clerk their names or firms, with the place or 
places out of such infected district, but with- 
in Che city of New York to which they may 
have removed the transaction of their busi- 
ness, or to which they may desire any notices 
to be sent or served, or any notes, drafts or 
bills to be presented for acceptance or for 
payment. The sum of twenty-five cents may 
be claimed and received by the said clerk 
for every such registry; but the book in 
which the same shall be entered shall be at 
all times during ofiice hours open to public 
examination free of all charges. 

Commerelal paper may be presented 
at place designated. 

Sec. 1,501. During the continuance of any 
such disease in such infected district all 
drafts, notes and bills, which by law are re- 
quired to be presented for acceptance or for 
payment, may be presented for such purpose 
at the place so designated in such registry, 
and all notices of non-acceptance and non- 
-payment of any note, draft or bill, or of pro- 
test, for such non-acceptance or non-payment, 
may be served by leaving the same at the 
place so designated. 

Ou failure to register, eomiuereial 
paper may be presented to city clerk. 

Sec. 1,502. In ease any person or firm usu- 
ally resident or doing business within such 
infected district shall neglect to make and 
cause to be entered in the book so provided, 
the registry herein required, all notes, drafts, 
or bills which by law are required to be pre- 
sented to such person or firm for acceotance 
or for payment, may be presented to the said 
city clerk during the continuance of such dis- 
ease at any time during office hours, and de- 
mand of acceptance or payment thereof may be 
made of the said clerk, to the same purpose 
and with the same effect as if the same had 
been presented, a.nd acceptance or payment de- 
manded of such person or firm at their usual 
place of doing business. 

On failure t<» register, notice of pro- 
test, etc., may be served by leaving 
ut post oiliee. 

Sec. 1,503. In case of the omission to make 
the registry herein required, all notices of the 
non acceptance or non payment of any note, 
draft or bill, or of protest for such non ac- 
ceptance or non payment, may be served on 
any person or firm usually resident or doing 
business within such infected district, by 
leaving the same at one of the post offlcea 


THE CHARTER OF THE CITY OF NEW YORK. 


155 


for the said city, which service shall be as 
valid and effectual as if the notices had been 
served personally on such person or one of 
such firm at his or their usual place of doing 
business. 

When epldeiule tleeiiied to liiive siib^ 

silled. 

Sec. 1,504. Whenever proclamation shall be 
made by the board of health or other proper 
authority of the city, that an infectious or 
contagious disease in any such Infected dis- 
frlct has subsided, it shall be deemed to have 
subsided, for , all purposes contemplated in 
this title. 

TITLE 

PH.tRM.A.CISTS .\XU DHttitilSTS, 

Ilegistered pharmaoiiitH only to oon- 

dnet plinrinacy, eiLCopt. etc. 

Sec. 1,510. It shall be unlawful for any per- 
son unless a registered pharmacist within the 
meaning of this title to open or conduct any 
pharmacy or store for retailing, dispensing or 
compounding medicines or poisons in the 
city of New York, as constituted by this act, 
except as hereinafter provided; provided that 
the widow or legal representative of a de- 
ceased person who was a registered pharmacist 
within the meaning of this title may continue 
the business of such deceased pharmacist, 
provided that the actual retailing, dispensing 
or compounding of medicines or poisons be 
only by a person who is a registered phar- 
macist within the meaning of this title. 

Id.; qualtficatlons of rcglslered phnr- 

inneiMta. 

Sec. 1,511. Any person, in order to be regis- 
tered, shall be either a graduate in pharmacy 
or a licentiate in pharmacy or a graduate hav- 
ing a diploma from some legally constituted 
medical college or society. But a license as 
a pharmacist granted any person after the 
examination by any board of pha’ macy legally 
created under the laws of this state shall en- 
title such person tu a license or certificate 
of registration from the board of pharmacy 
created by this title, upon presenting to said 
board his license and complying with the for- 
mal requirements of the laws. Any person 
who, at the time this act takes effect, shall 
be entitled by law to open or conduct any 
pharmacy or store tor retailing, dispensing 
or compounding medicines or poisons in any 
part of the territory included in the city of 
New York, as constituted by this act, shall 
be entitled hereafter to open or conduct any 
such pharmacy or store in said city, and to 
be registered by the board of pharmacy cre- 
ated by this title. 

Gradnntcs anil llcentlnles ilelinril. 

Sec. 1,512. Graduates of pharmacy within 
the meaning of this title shall be these per- 
sons who have had at least four years’ experi- 
ence in stores where prescriptions of medical 
practitioners have been compounded, and who 
have obtained a diploma from any college of 
pharmacy within the United States, or from 
some authorized foreign institution or examin- 
ing board; and licentiates in pharmacy shall 
be those persons who have had at least four 
years’ experience in stores where prescrip- 
tions of medical practitioners are compound- 
ed and who shall have passed an examination 
either before the board for the examination of 
and licensing druggists and prescription clerks 
in the city of New York, as heretofore exist- 
ing. established by an act passed March 28, 
3871, or before the board of pharmacy in the 
city of New York, as heretofore existing, or 
before the board of pharmacy of the county of 
Kings, or before the board of pharmacy 
created by this title, for the city of 


New York, as constituted by this act, 
or such foreign pharmacists as shall 
present satisfactory credentials or certificates 
of their competency and qualifications to the 
said last mentioned board of pharmacy. Jun- 
ior assistants or apprentices in pharmacy shall 
not be permitted to prepare physicians’ pre- 
scriptions until they have become graduates 
or licentiates In pharmacy. 

nonril of pliarniacy ; election, duties. 

Sec. 1513. The members of the college of 
pharmacy of the City of New York, shall, on 
the first Monday of January, eighteen hun- 
dred and ninety-eight, and on the same day 
every third year thereafter, at a special 
meeting held for that purpose, elect five 
competent pharmacists, three of whom shall 
be graduates of some legally constituted 
medical college, and the remaining two gradu- 
ates of some legally constituted college of 
pharmacy of the City of New York, as con- 
stituted by this act, and who shall form and 
be known as the board of pharmacy. The 
members of this board shall, within thirty 
days after their elecsion as aforeisaid, indi- 
vidually take and subscribe before the city 
clerk, an oath faithfully and Impartially to 
discharge the duties prescribed for them by 
this title. They shall hold office for the term 
of three years and until their successors are 
duly elected and have qualified; and in case 
of any vacancy, the trustees of the college of 
pharmacy shall fill the same from two or 
mere nominees elected at a special meeting 
of the college- of pharmacy. The said board 
shall organize for the transaction of business 
by electing from their own number, for the 
whole term, a president and secretary. The 
board shall meet at least cnee every three 
months and three members shall constitute a 
quorum. The duties of the said board shall be to 
transact all business pertaining to the legal 
regulation of the practice of pharmacy in the 
City cf New York, and to examine and register 
pharmacists. .Any pharmacist applying for 
examination shall pay to the secretary a fee 
of five dollars, and should he pass such ex- 
amination satisfactorily he shall be furnished 
with a certificate as to his competency and 
qualification, signed by the said board of 
pharmacy. 

Books of rrg:lHtru(loii of pknruiarists, 

etc. 

Sec. 1,514. It shall be the duty of the sec- 
retary to keep a book of registration at some 
convenient place, ' of which due notice shall 
be given through the public press, iu which 
book shall be entered, under the supervision 
of the said board, the names and places of 
business of all persons coming under the pro- 
visions of this title. It shall be the duty of 
all such persons to appear before the said 
board of pharmacy and register and the fee for 
the registration of pharmacists shall not ex- 
ceed two dollars, and for assistants shall 
not exceed one dollar. The secretary shall 
give receipts for all moneys received by him, 
which moneys shall be used for the purpose of 
defraying the expenses of the board of phar- 
macy, and three-fifths of any surplus shall be 
for the benefit of the college of pharmacy, 
of The City of New York, situated iu the bor- 
ough of .Manhattan, and two-fifths of such 
surplus shall be for the benefit of the Brook- 
lyn College of Pharmacy, situated In the bor- 
ough of Brooklyn. The salary of the secre- 
tary shall be fixed by the board, and shall be 
paid out of the registration fees. 

IMiarmnciHtH responsible for iiiiulity of 

ilrus'S. ete.. solil; patent ineilielnes, 

ailulteratlon, ete. 

Sec. 1,515. Every registered pharmacist 
s’^ll be held responsible for the quality of 


all drugs, chemicals and medicines he may 
sell or dispense, with the exception of those 
sold in the original packages of the manu- 
facturer, and also those known as “patent 
medicines,” and should he knowingly, inten- 
tionally and fraudulently adulterate, or cause 
to be adulterated, such drugs, chemicals or 
medical preparations, he shall be deemed 
guilty of a misdemeanor, and upon convic- 
tion thereof, be liable to a penalty not ex- 
ceeding one hundred dollars and in addition 
thereto, his name shall be stricken from the 
register. 

I’oinous; relniliiigr of. 

Sec. 1,516. It shall be unlawful for any per- 
son to retail any poisons enumerated in sched- 
ules A and B, as follows, to wit: 

SCHEDULE A. 

Arsenic and its preparations, corrosive sub- 
limate, white precipitate, red precipitate, 
biniedide of mercury, cyanide of potassium, 
hydrocyanic acid, strychnia gnd all other 
poisonous vegetable alkaloids and their salts, 
essential oil of bitter almonds, opium and its 
preparations, except paregoric and other prep- 
arations of opium containing less than two 
grains to the ounce. 

SCHEDULE B. 

Aconite, belladonna, colchicum, coniura, 
nux vomica, henbane, savin, ergot, cotton- 
root, cantharides. creosote, digitalis and their 
pharmaceutical preparations, croton oil, 
chloroform, chloral hydrate, sulphate of zinc, 
mineral acids, carbolic acid and oxalic acid, 
without distinctly labeling the bottle, box, 
vessel or paper in which the said poison Is 
contained, and also the outside wrapper or 
cover with the name of the article, the word 
“Poison,” and the name and place of the sell- 
er; nor shall it be lawful for any person to 
sell or deliver any poisons enumerated In 
schedules A and B. unless upon due inquiry 
it be found that the purchaser is aware of its 
poisonous character, and represents that It 
is to be used for a legitimate purpose. Nor 
shall it be lawful for any registered pharma- 
cist to sell any poisons included iu schedule 
A, without, before delivering the same to the 
purchaser, causing an entry to be made In 
a book kept for that purpose, stating the date 
of sale, the name and address of the purchas- 
er, the name and quality of the poison sold, 
the purpose for which it is represented by the 
purchaser to be required, and the name of 
the dispenser; such book to be always open 
for inspection by the proper authorities, and 
to be preserved for reference for at least five 
years. The provisions of this section shall 
not apply to the dispensing of poisons, in not 
unusual quintitles or doses, upon the pro- 
scriptions of practitioners of medicine. 

Aiiplientiun of iireopiliiiar mppHoiis lo 

lirnctlttoners of iiiPiUpliie anil vvliole- 

Kulc ilealerH. 

Sec. 1,517. Nothing contained In the fore- 
going sections of this title shall apply to or 
Interfere with the business of any practition- 
er of medicine who does not keep open shop 
for the retailing of medicines and poisons, nor 
with the business of wholesale dealers, but 
the preceding section, and the penalties for 
Its violation, shall apply to such persons. 

Kraoilulent rPS'lstration, iirrmlttiuK 

ualiveaseil itersoa tii ouiaiioiiiiit 

iiieilicinps. 

Sec. 1,518. Any person who shall attempt to 
procure registration for himself, or for any 
other person under this title, by making or 
causing tc be made any false representation, 
shall be deemed guilty of a misdemeanor, and 
shall, upo.n conviction thereof, be liable to • 
penalty not exceeding five hundred dollarii 


ir.r 


THE CHARTER OF THE CITY OF NEW YORK 


Any registered pharmacist who shall permit 
the compounding and dispensing of prescrip- 
tions of medical practitioners in his store or 
place of business, by any person or persons 
not registered, or any person not registered 
who shall keep open shop for the retailing or 
dispensing of medicines and poisons, or who 
shall fraudulently represent himself to be 
registered, cr any registered pharmacist or 
dealer in medicines who shall fall to comply 
with the regulations and provisions of this 
title, in relation to the retailing and dispens- 
ing of poisons, shall, fcr every such offense, 
be deemed guilty of a misdemeanor, and upon 
conviction thereof, be liable to a penalty of 
fifty dollars. 

Penalties to hi- paid to eolleae of pliar- 
tiiaey. 

Sec. 1,519. Three-fifths of each and every 
penalty recovered under this title shall be 
paid to the trustees of the College of Phar- 
macy of The City of New York, situated in 
the borough of Manhattan, and two-fifths of 
the same to the Brooklyn College of Phar- 
macy, situated in the borough of Brooklyn. 
The sums so paid to the trustees of said Col- 
lege of Pharmacy of The City cf New 
York shall form and be known as the library 
fund of said college of pharmacy, and shall 
be expended for the purchase of books for 
the library of said college and the sums so 
paid to the said Brooklyn College, of Phar- 
macy shall be known as the library fund 
of said college and shall be expended for 
the purchase of books for the library of said 
college of pharmacy. 

Boards of plinriuacy aiiollslicd. 

Sec. 1,520. The beard of pharmacy of the 
county of Kings and the board of pharmacy 
In the city of New York as heretofore exist- 
ing, are both hereby abolished. 

TITLE [61 3. 

A HO.\Rn or CITY RECORD. 

City record, board ofi pnliiicatiou and 
coiiteatH; ue«'.spaper» to lie desiaitat- 
ed in nliieli eoritorute iiotiecN to l>e 
advertised. 

Sec. 1,526. There shall be published daily 
(Sundays and legal holidays excepted), under 
a contract to be made as hereinafter provided, 
a paper to be known as the City Record. 
And said City Record and the newspapers 
now by law designated as corporation news- 
papers in the present city of Brooklyn, 
shall be the only papers to be included 
within the term corporation newspapers as the 
same is used anywhere in this act; but no 
notice or advertisement shall be inserted in 
said newspapers now by law designated as 
corporation newspapers in said city "of Brook- 
lyn, except such as respect matters occurring 
within or relating to the borough of Brook- 
lyn exclusively; and the aggregate amounr lo 
be paid to said newspapers now designated by 
law as corporation newspapers in said city 
of Brooklyn, for the publication of all adver- 
tisements provided for by this act, shall never 
exceed in any year the sum now agreed 
to be paid to said newspapers annual- 
ly by said city of Brooklyn. The may- 
or, corporation counsel and controller shall 
constitute the board of City Record. Said 
board by a majority vote shall appoint a 
proper person, together with such assistants 
as may be required,’ to supervise the prepara- 
tion and publication of the samei and they 
shall also fix the rates of compensation of 
said supervisor and his assistants. All the 
expenses connected with its publication and 
distribution, except the salary of the person 
appointed to supervise the same, and the 


salaries of his assistants, shall be covered by 
a contract for printing, to be. made in the 
same manner as other contracts. The board 
of estimate and apportionment shall provi.-ie 
for all , the necessary expense.s of conducting 
the said City Record. There shall be inserted 
in said City Record nothing aside from suck 
official matters as are expressly authorized. 
The contract for the publication of the City 
Record shall provide for furnishing, free 
of charge, to the city of New York, not more 
than two thousand copies thereof, also for a 
gratuitous distribution to every^ newspaper 
regularly printed in the city of 5Jew York, 
when it shall apply for the same, of 
two copies and to every public library 
or public institution in said city which 
apply for the same, of one copy. Copies 
of the same ehall be sold by the su- 
pervisor at a price to be fixed by the officers 
making the contract and the proceeds thereof 
shall be paid over to the city. All advertising 
reeiulred to be done for the city, except as in 
this act otherwise specially provided, and 
all notices required by law or ordinance to be 
published in corporation papers, shall be in- 
serted. at the public expense, cnly in the City 
Record, and a publication therein shall be a 
sufficient compliance with any law or ordin- 
ance requiring publication of such mat- 
ters or notices, but there may be in- 
serted in two morning and two even- 
ing and two weekly or semi-weekly pa- 
pers published in the English language and 
in one newspaper published in the German 
language, all in said city, to be designated 
at any time, by said board of City Record, 
brief advertisements calling attention to any 
contracts intended to be awarded or bonds 
to be sold and referring for full information 
to said City Record; said designation of such 
newspapers to continue in effect until an- 
other or different designation shall be made 
by said board. Where such notices and ad- 
vertisements respect matters occurring with- 
in or relating to the borough of Brook- 
Ijn, they shall also be published in 
such newspapers as are now by law 
designated as corporation newspapers in 
the city of Brooklyn, the rates of payment 
therefor not to exceed the compensation new 
paid to said newspapers for like advertise- 
ments in the city of Brooklyn or county of 
Kings. In case, however, of the sale of bonds 
cr stocks of said city or of any real estate be- 
longing to the city, such advertisements may 
be also inserted in such other newspapers 
published in said city as said board may de- 
termine in the case of each sale. But nothing 
herein contained shall prevent the publica- 
tion elsewhere of any advertisement required 
by law; provided, however, that no such pub- 
lication shall be made unless the same is 
authorized by a concurrent vote of the mem- 
bers of said board. No money shall be paid 
from the city treasury and no action shall be 
maintained or judgment obtained against the 
city of New Ycrk, as constituted by this act, 
for any advertising done after .\pril thirtieth, 
eighteen hundred and seventy-three, except 
such as is herein authorized or such as at the 
time this act takes effect is a lawful charge 
against a municipal or public corporation, or 
part thereof, hereby consolidated with the 
mayor, aldermen and commonalty of the city 
of New York. The copies of the City Record 
furnished to the city shall be distributed to 
the several departments and officers, and to 
such persons and in such manner as the board 
of City Record shall direct. The controller 
shall cause a continuous series of the City 
Record to be bound, as completed quarterly, 
and to be deposited with his certificate there- 
on, in the office of the register of deeds of the 
county of New York, in the county clerk's 


office of said county and in the office of the 
city clerk, and copies of the contents of any 
part of the same, certified by such register, 
county clerk, or city clerk, shall be received 
in judicial proceedings as prima facie evidence 
of the truth of the contents thereof. 

Supervisor of city reooril <o arrange 

lists of resrisleretl voters. 

See. 1,527. It shall be the duty of the su- 
pervisor of the City Record to cause the 
lists of registered voters, made and delivered 
by the chairman of the boards of inspectors 
of election to the captains of police, and by 
them delivered to him, to be arranged by as- 
sembly districts and by election districts of 
assembly districts, commencing with the first, 
and in such manner that the names of all 
registered voters residing at any given num- 
ber of any street shall appear together, and 
those of each street in each election district 
shall appear arranged by house numbers, in 
consecutive order, each street . separately. 
And as soon as the entire registry of voters 
shall be completed, and the copies thereof 
made and delivered, the said supervisor shall 
forthwith cause the same to be printed and 
published in the City Record and in the form 
and manner herein prescribed; and such pub- 
lication shall be made within one hundred 
and eight hours after the close of each an- 
nual registration. The registry of each as- 
sembly district shall be printed separately as 
a supplement to the City Record, and each 
supplement containing the registry of one 
assembly district shall be sold separately to 
persons wishing to purchase the same at 
not loss than five cents per copy. All money 
received therefor shall be paid into the city 
treasury to the credit cf the general fund. 

Printing:' and Mtatiniiory to Ite supplied 

l»y eontraoti City Record to print eer- 

tnlii matters. 

Sec. 1,528. All printing for said city 
and for the counties contained with- 
in its territorial limits, including the 
printing of the City Record, shall be 
executed and all stationery shall be sup- 
plied, under contracts, to be entered into 
by the said board of City Record. All pro- 
posals for printing and stationery shall be 
based upon specifications to be filed in the 
controller’s office, which shall set forth with 
accuracy the number of every description of 
printed blanks; also each description of sta- 
tionery or blank books in ordinary use in 
the municipal assembly and the respective 
departments, and likely to ne required dur- 
ing the year for which such c.pntract'is to be 
given; and the bids shall be' given for such 
number o-f each printed description of blanks 
or of each article of stationery (including 
under the head of stationery, letter or writ- 
ing paper, or envelopes, with printed head- 
ings or indorsements) as are specified, and for 
such additional number as may be required, 
giving the price for blanks of every descrip- 
tion, and the price of all other printing “per 
thousand ems,” or fcr “rule and figure 
work”; separate contracts shall be made with 
the lowest bidder for any one description of 
printing, or any article of stationery involv- 
ing an expense cf more than five hundred 
do-llars. Ten per centum of the amount be- 
coming due, from time to time, shall be with- 
held by the controller until the completion 
of the contract; and in case the contractor 
shall fail to fulfill the same to the satisfac- 
tion of said board of City Record, then said 
board may declare said contract to be an- 
nulled, and said board shall immediately 
give notice for other bids for such printing 
during the remainder of the term of con- 
tract. No judgment shall be recovered 
against the city of New York as constituted 


THE CITAUTEU OF THE CITY OF NEW YORK 


157 


by this act, for printing or stationery done 
or furnished after April thirtieth, eighteen 
hundred and seventy-three, ostensibly for the 
city of New York as heretofore known and 
bounded, unless done or furnished under a 
contract, where, under the provisions of 
chapter three hundred and thirty-Sve of the 
laws of eighteen hundred and seventy-three, 
or of the laws in force at the time this act 
takes effect or of this act, a contract was or 
is necessary, or under a valid contract, or 
unless , upon evidence of a contract made as 
provided in this section. Separate contracts 
may be made ( at any time for engraving, 
lithographing, wood cuts, maps, or other 
picture wmrk, as the same may be required; 
but nothing herein contained shall be con- 
strued to require a separate contract for each 
engraving, lithograph or wood cut or map, 
unless the board of City Record shall deem 
the same advisable for the interest of the 
city. ■ No more than two thousand copies of 
any message of the mayor, or report of .any 
head of a department, and no more than one 
thousand copies of any report of a com 
mittee of [either branch of the municipal 
assembly] the board of alderman shall be 
printed apart from the City Record. There 
shall be published in the City Record, 
within the month of January and within the 
month of July. In each year a list of all the 
officials and employes employed In any of the 
departments, bureaus or offices of the city 
government, and of the counties therein con- 
tained, who have been or have become such 
officials or employes during the preceding 
six months. Said list shall contain the name, 
residence by street numbers, nature of posi- 
tion or service, date of entrance into the serv- 
ice or employment, date of cessation of such 
service or employment, if such has occurred 
during said period, salary or wages, and a 
distinct statement of the increase or de- 
crease thereof during said period of each of 
said officials or employes/ All changes of 
such officials or employes, or the amount of 
their salaries, with a distinct statement of 
the increase or decrease thereof, shall be 
so published within one week after they 
are made. It shall be the duty of all heads 
of departments or bureaus, or offices not in 
a department to furnish to the person appoint- 
ed to supervise the publication of the City 
Record, everything required to be inserted 
therein’. It shall be the duty of the said per- 
son appointed to supervise the publication of 
the City Record, on or before the first days 
of February and August, respectively, in each 
year to certify to the controller that the sev- 
eral’ lists so required to be furnished have 
been furnished to him by said heads of de- 
partment, bureaus, or offices, and the con 
t roller is hereby forbidden to pay the salary 
of any such head of department, bureau or 
office who has not furnished such list until 
the receipt by said controller of such 
certificate. The said person shall have the 
power to make requisitions in writing upon 
the heads of departments to furnish the in- 
» formation necessary to make up such list ac- 
cording to rules prescribed by him and ap- 
proved by the board of City Record; and such 
information must be supplied by the depart- 
ment within ten days after such requisition. 
He shall have power to require such informa- 
tion in the same manner, every three months 
and all other information in the control of 
said heads of departments, necessary to per- 
form his duties under this section. He shall 
Include in his list the number of laborers, 
designating the department in which they are 
employed, and, if practicable, the numbers em- 
ployed in the prosecution of specific works, 
and the amounts paid to them. He shall 


also cause to be printed in each issue cf said 
City Record a separate statement of the hours 
during which all public offices in the fl'ty are 
open for business, and at which each court 
regularly opens and adjourns, as well as of the 
places where such offices are kept and such 
courts are held. The detailed canvass of votes, 
at every election, shall be published in the 
City Record. A list of the registered plumbers 
shall be published in the City Record at least 
once in each year. The mayor may order the 
insertion of any official matter or report In 
the City Record. Nothing herein contained 
shall apply to the printing or supplies cf sta- 
tionery for the city of New York as consti- 
tuted by this act, whereby the concurrent 
vote of the mayor, counsel to the corporation, 
and controller it shall be decided to have such 
printing done or such stationery furnished 
without contract let after advertisements fer 
bids or proposals, but in such cases such 
printing shall be done and such stationery 
procured in the manner and cn such terms 
and conditions as the said officers shall deem 
to be for the best interests of the city. 

TITLE [7] 4. 

GEYEIl.VI, PROVISIO\S. 


Officers: not to l)e [privately] Interested 
III contr:ictn. 

Sec. 1,5:'.3. No member of the board of 
aldermen [municipal assembly], head of de- 
partment, chief of bureau, deputy thereof or 
clerk therein, or other officer of the corpora- 
tion, shall be or become interested, directly 
or indirectly, [interested] as contr^Ung 
party, partner, stockholder or oih^rv^e, in 
or in the performance of any contract, work, 
or business, or the sale of any article, the 
expense, price, or consideration of which is 
payable from the city treasury, or by any as- 
sessment levied by any act or ordinance of 
the board of aldermen [municipal assembly; 
nor] ; or in the purchase or lease of any real 
estate or other property belonging to or 
taken by the corporation, or which shall 
be sold for taxes or assessments, or by vir- 
tue of legal process at the suit of the said 
corporation. If any person in this section 
mentioned shall during the time for which 
he was elected or appointed, knowingly ac- 
quire an interest as above described in any 
contract or work with the city, or any de- 
partment or officer thereof, unless the same 
shall be devolved upon him by law\ he shall, 
on conviction thereof, forfeit his office, and 
be punished for a misdemeanor. All such 
contracts in which any such person is or be- 
comes interested as above described shall, 
at .the option of the controller, be forfeited 
and void. No person in this section 
named shall give, or promise to give, any 
portion of his compensation, or any money or 
valuable thing, to any officer of the city, or 
to any other person, in consideration of his 
having been or being nominated, appointed, 
elected or employed as such officer, agent, 
clerk or employe, under the penalty of for- 
feiting his office and being forever disqualified 
from being elected, appointed or employed 
in the service of the city, and shal., on con- 
viction, be punished for a misdemeanor. 

Id.; limy l»e summarily exnmliieil. 

Sec. 1,534. Any member of the board of 
aldermen [municipal assembly], commis- 
sioner, head of department. chief of 
bureau, deputy thereof or clerk there- 
in, or other officer of the corporation or per- 
son. may, it a justice shall so order, be sum- 
marily examined upon an order to be made 
on application based on an affidavit of the 
mayor or of the controller, or any five mem- 


bers of the board of aldermen [mun- 
icipal asseinbly] or any commissioner 
of accounts, or of any five citizens who 
are taxpayers, requiring such examina- 
tion, and signed by any justice of the supreme 
court in the first or second judicial depart- 
ments directing such examination, to be pub- 
licly made at the chambers of said court in 
either of said judicial departments, or at the 
office of said department, on a day and hour 
to be named, not less, however, than forty- 
eight hours after personal service of said 
order. Such examination shall be confined 
to an inquiry into any alleged wrongful di- 
version or misapplication of any moneys or 
fund, cr any vlo-laticn of the provisions of 
law, or any want of mechanical qualifications 
of any inspectorship 'of public work, or any 
neglect cf duty in acting as such inspector, 
or any delinquency charged in said affidavit 
touching the office or the discharge or neglect 
of duty, cf which it is alleged in the applica- 
tion for said order that such member of the- 
board of aldermen [municipal assembly], 
head of department or other aforementioned 
officer or person, has knowledge or informa- 
tion. Such member of the board of alde rman 
[municipal assembly], commissioner, head 
of department, clerk or other aforesaid offi- 
cer or person shall answer such pertinent 
questions relative thereto, and produce siich 
books and papers in his custody or under his 
control, as the justice shall direct, and the 
examination may be continued from time to 
time, as such justice may order, but the an- 
swer of the party charged shall not be used 
against him in any criminal proceeding; pro- 
vided, however, that for all false answers on 
material points he shall be subject to the 
pains and penalties of the crime of perjury. 
The proceedings may be continued before any 
other justice in said judicial department, and 
other witnesses, as well as the parties mak- 
ing such application, may, in the discretion 
of said justice, be compelled to attend and 
be examined touching such alleged delinquen- 
cies. Such justice may punish any refusal 
to attend such examination or to answer any 
questions pursuant to his order, as for a con- 
tempt cf court, and shall have as full power 
and authority to enforce obedience to the order 
cr directions of himself or any other justice, 
as any justice of the supreme court may now 
have, or shall possess, to enforce obedience or 
to punish contempt in any case or matter 
whatever, and shall impose costs upon those 
promoting such an examination, not exceeding 
S250. if he thinks there was no probable cause 
for making the application hereinbefore pro- 
vided for, the said costs to be paid to the offi- 
cer or person examined, and for which the 
said officer or person may have judgment and 
an execution. The examination hereinbefore 
provided for shall be reduced to writing, and 
be filed in the office of the county clerk of 
such county within the first or second judicial' 
departments as the judge making the order 
for the examination shall direct at the time of 
making such order, and the examination so 
reduced to writing and filed shall be at all 
reasonable times accessible to the public, and 
notice of the same shall be given to tlie de- 
partment in which said officer is employed. 

Barber slioiis may be open on Sniidny. 


Sec. 1,535. The provisions' of an act to regu- 
late barbering on Sunday, being chapter 823 
of the laws of 1895, permitting barber shops 
or other places where a barber is engaged in 
shaving, hair cutting or other work of a bar- 
ber to be kept open, and the work of a barber 
to be performed therein until 1 o’clock of the 
afternoon of the first'day of the week in the 
city of New York, as heretofore known and 
bounded, shall be applicable to and be in full 


158 


THE CHARTER OF THE CITY OF NEW YORK. 


force and effect in all of the territory of the 
city of New York, as constituted by this act. 

Xerritorinl operntion of contmcte, 
Kmnts niid IrniioliiHCN not cxtoiiiled. 

See. 3,538. This act shall not extend the 
territorial operation of any rights, contracts 
or franchises heretofore granted or made 
by the corporation known as the mayor', alder- 
men and commonalty of the city of New York, 
or by any of the municipal and public cor- 
porations which by this act are united and 
consolidated therewith, including the counties 
of Kings and Richmond, and the same shall 
be restricted to the limits respectively to 
which they w’ould have been confined it this 
act had not been passed; nor shall this act in 
any way validate or invalidate or in any 
manner affect such grants, but they shall 
have the same legal validity, force, effect and 
operation, and no other or greater than it this 
act had not been passed. 

Price of gas in Ricliinoiia and Queens 
comities. 

Sec. 1,539. The price of illuminating gas 
lb the county of Richmond, and in [that 
part of] the county of Queens [included 
within The City of New York, as hereby con- 
stituted,] shall not be affected by this act. 

Platting of lands and dedication of 
streets and pnlilie places. 

Bee. 1,540. No map of the subdivision of 
lands or the platting thereof into streets or 
avenues and blocks within the limits of the 
city of New York shall hereafter be registered 
or become effectual and binding as a dedi- 
cation of the streets, avenues or public places 
on such map or plat until such map or plat 
has been submitted by the owner to and ap- 
proved by the board of [public im- 
provements,] estimate and apportionment, 
which in acting thereon "shall e,\amine and 
determine whether the streets and avenues 
are of adequate and suitable width and laid 
out with due reference to connecting streets 
and avenues. Upon such approval the title 
of the owner or owners of the land to all 
•treets, avenues and public places designated 
on the map or plat, shall immediately vest in 
fee [clear of all incumbrances] in The City 
of New fork in trust for the designated pub- 
lic uses. Such map [or a copy thereof] shall 
[remain of record in the office of the board 
of public improvements,] be filed in the 
office o f the president the borough where 
the lands affected by sa id subdivisions are 
located , and a copy thereof with the approval 
of the said board indorsed thereon shall be 
filed and recorded in the office of the registrar 
of deeds or county clerk of the county in 
which the land is situated and in- 
dexed therein as deeds are now re- 
quired by law to be indexed. The 
[municipal assembly upon the recommenda- 
tion of the board of public improvements] 
board of aldermen may from time to time 
pass appropriate ordinances not inconsistent 
with law and this act to carry the provisions 
of this section into effect and regulate pro- 
ceedings thereunder. 

Majority of boards of depart meiit.H; 
gnornm; powers. 

Sec. 1,541. A majority of the members of a 
board in any department of the city govern- 
ment, and also of the board for the 
revision of assessments, shall constitute 
a quorum to fully perform and discharge 
any act or duty authorized, possessed by or 
imposed upon any department or any board 
aforesaid, and with the same legal effect as 
if every member of any. such board aforesaid 
had been present, except as herein other- 


wise specially provided. Each board may, 
except as herein otherwise provided, choose, 
in its own pleasure, one of its members who 
shall be its president, and one who shall be 
its treasurer, and may appoint a chief clerk 
or secretary. No expense shall be Incurred 
by any of the departments, hoards or officers 
thereof, unless an appropriation shall have 
been previously made covering such expense, 
nor any expense in e.xcess of the sum appro- 
priated in accordance with law. 

Expenses not to exceed appropriation. 

Sec. 1,542. It shall be the duty of the heads 
of all departments a nd of all office rs of said 
city, and of all boards and officers charged 
tvith the duty of expending or incurring obli- 
gations payable out of the moneys raised by 
tax in said city, or any of the cou nties con- 
tained w’itldt^ its territorial limits, so to 
regulate such expenditures for any pur- 
pose or object, that the same shall not in 
any one j'ear exceed the amount appropri- 
ated by the board of estimate and apportion- 
ment for such purpose or object; and no 
charge, claim or liability shall exist or arise 
against said city, ci^any of the counties con- 
tained -withi n Its territ orial limits, for any 
sum in excess of the amount appropriated 
for the several purposes. U_s^ll be latvful, 
however, for the board of estim ate^ind ap- 
portionment in its dis cretion, and upon the 
certificate of the disti-ict attorney of any such 
count y that the public i nte rests demand for 
the proper condu ct of a criminal action~of 
excep tion al difficulty that~an additiona l ap- 
prcpriatlon be made for that purpose, to make 
such appropriation a nd t o authorize the con^ 
troller to issue s pecial revenue bonds to pro^ 
vide the necessary means therefor. 

Heads of deportments; eontrul over 
snbordiiiates; removal. 

Sec. 1,543. The heads of all departments 
and all borough presidents^ (except as 
otherwise specially provided^ shall have 
power to appoint and remove all chiefs 
of bureaus (except the chamberlain) as also 
all clerks, officers, employes and subordinates 
in their respective departments, except as 
herein otherwise specially provided, without 
reference to the tenure of office of any exist- 
ing appointee. But no regular clerk or head 
of a bureau shall be removed until he has 
been allowed an opportunity of making an 
explanation; and in etery case of a removal, 
the true grounds thereof shall be forthwith 
entered upen the records of the department 
or board or borou^gh preside nt. In case of 
removal, a st ate ment showin g ^the reason 
therefore shall be fil ed in th e department. 
The number of o fficers, clerks” employes, la- 
borers and subordinates i n every department 
shall be such a s the heads of the respective 
departments and borough presidents sh ^l 
designate and approve, not exceedin g the 
numbe r limited b y any ordinance of the boart 
of aldermen. The durieT^ all such officers. 
clerks, employes, la borer s and subordin' ates 
shall be such a s the heads of the respective 
departments and borou^ presidents shall 
designate and approve, subject t o the pro- 
visions of law and to the ordinances of the 
board of alderme n. The salaries or wages 
of all such o fficers, c lerks, _employes. laborers 
and subordinates in every department sh¥il 
be such as shall be fixed bjTlhe board of 

aldermen upon the recomme ndation of the 

board of estimate and ap portionment in the 
manner provided in this act. [The numbers 
and duties of all officers and clerks, employes 


and subordinates in every department, except 
as otherwise herein specially provided, with 
their respective salaries, whether now fixed 
by special law or otherwise, shall be such as 
the heads of the respective departments shall 
designate and approve; but subject, also, to 
the revision of the board of estimate and ap- 
portionment; provided, how'ever, that the ag- 
gregate expense thereof shall not exceed the 
total amount duly appropriated to the re- 
spective departments for such purposes.] 
Any head of department or borough presi- 
dent may, with the consent of the 
board of estimate and apportionment, consoli- 
date any two cr more bureaus established by 
law, and may change the duties of any bureau; 
and it shall be the duty of the head of the 
finance department to bring together all offi- 
cers and bureaus authorized to receive mcney 
for taxes, assessments cr arrears, in such 
manner that the payment cf the same can be 
made, as nearly as practicable, at one time 
and place in one office. Every head of de- 
partment or borough president and every of- 
ficcr of any of the counties contained within 
the territorial l imits of The City of New 
VorK, is empowered to make ratable deduc- 
tions from the salaries and wages of the em- 
ployes ana subordinates of his department or 
office on account of absences trom duty with- 
out leave; provided, ho wever, that nothing 
contained in this section shall aftect depart- 
ments or officers as to which other provision 
is made by this act for deductions for 
a bsences o r disciplinary fines and penal tie.. 
Wherever in any department or institution 
an office, position or employment is abolished, 
or made unnecessary through the operation 
of this act, or in any other manner, or when- 
ever the numb er of o ffices, positions or em- 
ployments of a certain character is reduced, 
the person or persons legall y holding the 
office or tilling th e position or employment 
thus abolished or, made unnecessary shall be 
deemed tO' be suspended without pay, and 
shall be entitled t o reinstatement in the same 
office, position or employment, o r in any cor- 
responding or similar office, position or em- 
plo yment, if within one year ther eafter there 
Is need for his or their services. Whenever 
such offices, positions or employments are 
abolished or made unnecessary, it shall be 
the duty of the head of the department or 
institution to furnish the names of the per- 
son or perso ns ailected to the municipal civil 
service commission with a statement in the 
case of each of the date of his o riginal ap- 
pointme nt in the service. It shall be the 
duty of the municipal civil service commis- 
sion forthw ith to place the names of said 
persons up on a list o f susp ended employes 
for the office , or position or for the class 
of work in which they have been employed, 
or f or any corresponding or similar office, 
position or class of work, and to certif y the 
said persons for reinstatement, in the order 
of their original appointment, before making ' 
certifications from any other lists. The fail- 
ure of any person on any such list for re- 
inst atement to accept after reasonable no- 
tice an office or position in the same borough 
and at the s a me sa lary or wages as the posl- 
formerly held by him shall be heicflo 
be a relinquishment of his right to r einsta^ 
ment as herein stated. 

Id.: to itMider reportM; ptibliontion. 

Sec. 1,544. The said department, borough 


TUB CHARTER OF THE CITY OF NEW 


Residents and all commissioners appointed 
by the mayor, pursuant to the provisions of 
this act, and not constituting heads of de- 
partments, shall once in three months, and 
at such other times as the mayor may direct 
make \to him, in such form and under such 
rules as he may prescribe, reports of the 
operations and action of the same and each 
of them, which reports shall be published in 
the City Record. The said departments, bor- 
ough presidents, and commissioners shall al- 
ways, when required by the mayor, furnish 
to him such information as he may demand, 
within such reasonable time as he may direct. 

Id.; to fnrnisU oopics of iiapcrs on ile- 

iiinnd. 

Sec. 1,545. The heads of all departments, 
except the police and law departments 
and the chiefs of each and every bu- 
reau of said departments, or any of 
them, except the police and law departments, 
and all borough presidents, shall, with 
reasonable promptness, furnish to any 
taxpayer desiring the same, a true and 
certified copy of any book, account, or paper 
kept by such department, bureau or officer or 
such part thereof as may be demanded, upou 
payment in advance of five cents for every 
hundred words thereof by the person demand- 
ing the same. All books, accounts and papers 
in any department or bureau thereof, except 
the police and law departments, shall at all 
times be open to the inspection of any tax- 
payer, subject to any reasonable rules and 
regulations in regard to the time and manner 
of such inspection as such department, bureau 
or officer may make in regard to the same, 
in order to secure the safety of such books, 
accounts and papers, and the proper use of 
them by the department, bureau or officer; 
in case such inspection shall be refused, such 
taxpayer, on his sworn petition, describing 
the particular book, account or paper that he 
desires to inspect, may, upon notice of not 
les.s than one day to such department, bureau, 
or officer, apply to any justice of the supreme 
court for an order that he be allowed to make 
such inspection as such justice shall by his 
order authorize, and such order shall specify 
the time and manner of such inspection. 

Itooordn to be kept mid nbstrnets piib- 

llshed. 

Sec. 1,546. In every department, office 
of a borough president or board there 
shall be kept a record of all its transac- 
tions, which shall be accessible to the public 
and once a week a brief abstract, omitting 
formal language, shall be made of all transac- 
tions, and of all contracts awarded and en- 
tered into for work and material of every 
description, which abstract shall contain the 
name or names, and residences by street and 
number of the party or parties to the contract 
and of their sureties, if any. A copy of such 
abstract shall be promptly transmitted to the 
person designated to prepare the City Record 
and shall be published therein. Notice of all 
appointments and removals from office, and 
all changes of salaries, shall in like manner 
within one week after they are made, be 
transmitted to and published in the City 
Recoid. 

C't'rtlficate.H of nppolntoicnt.s. 

Sec. 1,547. Every person who shall be ap- 
pointed or elected to any office under the said 
city shall receive a certificate of appointment, 
designating the term for which such person 
has been appointed or elected. 

OfHc'inl oatb. 

Sec. 1,548. Every person elected or ap- 
pointed to any office under the city govern- 
ment shall, within five days after notice of 


such election or appointmenf take and sub- 
scribe, before the mayor or any judge of a 
court of record, an oath or affirmation faith- 
fully to perform the duties of his office, 
which oath or affirmation shall be filed iiT the 
office of the city clerk. 

Officer not to hold any other civil 

office. 

See. 1,549. Any person holding office, 
whether by election or appointment, who 
shall, during his term of office, accept, hold 
or retain any other civil office of honor, trust 
or emolument under the government of the 
United States (except ccmmisslcraers for the 
taking of bail or register of any court), or 
of the state (except the office of notary public 
or commissioner of deeds or officer of the 
national guard), or who stall hold or accept 
any other office connected wiAi the govern- 
ment of The City of New York, or who shall 
accept a seat in the legislature, shall be 
deemed thereby to have vacated any office 
hold by him under the city government. No 
person shall hold two city or county offices, 
except as expressly provided in this act, nor 
stall any officer under the city government 
hold or retain an office under tlie county gov- 
ernment, except the office of supervisor or 
when he holds such office ex-officio, by vir- 
tue of an act of the legislature, and In such 
case shall draw no salary for such ex-officlo 
office. 

Officers; ■nlion i«ny receive nud retniii 

fees. 

Sec. 1,550. No officer of the city government, 
except the city marshals, shall have or re- 
ceive to his own use any fees, perquisites or 
commissions or any percentage; but every 
such officer shall be paid by a fixed salary, 
and all fees, percentages, and commissions 
received by any such officer shall be the 
property of the city. And every officer who 
shall receive any fees, perquisites, commis- 
sions, percentages, or other money which 
should be paid over to the city, shall, be- 
fore he shall be entitled to receive any sal- 
ary, make under oath a detailed return to 
the controller showing the amount of all such 
fees, commissions, percentages, perquisites 
and moneys received by him since the last 
preceding report, the person from whom re- 
ceived and the reason for its payment, and 
shall produce the receipt of the chamberlain, 
showing the payment to him, by said officer, 
of the aggregate amount thereof. All sums 
received as above, or for licenses or permits, 
except as in thi.s act otherwise expressly pro- 
vided, shall be paid over weekly, without de- 
duction by the officers or department receiv- 
ing them, to the chamberlain, and a detailed 
return under oath shall at any time be made 
in such form as the controller shall prescribe, 
stating when and from whom, and for what 
use such mo'neys were received. No city 
officer who is paid a salary for his services 
from the city treasury shall receive to or for 
his own use any fees, costs, allowance®, per- 
ouisites of office, commissions, percentages or 
moneys paid to him in his official capacity; 
but all fees, costs, allowances, perquisites, 
comml.ssions, percentages and moneys so paid 
or received by any such officer or person, shall 
be the property of the city and shall 
be paid by him Into the city treasury; and 
every such officer or person who shall receive 
any fees, perquisites, commissions, percent- 
ages. or other moneys which belong to the 
city, and should be so paid into the treasury, 
shall, before he shall be entitled to receive or 
to be paid his salary, make under cath a de- 
tailed statement and return to the controller 
in such form as he may prescribe, showing 
the amount of all such moneys received by 
him since the last preceding statement and 


YORK. I.'!) 

i — - 

returns, and shall produce a receipt showing 
the payment of such sum into the treasury. 
The controller may require any such person 
or officer to make such statement and return 
to him, if it be not made as herein provideil, 
and may examine any such officer or person 
under oath touching the amount of any fees, 
costs, allowances, perquisites, commissions, 
percentages or moneys paid to or received by 
him in his official capacity. [ But nothing 
herein contained shall be construed as pro- 
hibiting the receipt of fees by any public 
officer on account of the collection of the 
inheritance tax as now provided by law. 
or as repealing the provision of chapter two 
hundred and ninety-nine of the laws of 
eighteen hundred and ninety-two.] 

111.; ilefrnuilliiK'. 

Sec. 1,551. Any officer of the city govern- 
ment, or person employed in its service, who 
shall willfully violate or evade any of the 
provis'ins "f law, or commit any fraud upon 
the city, or convert any of the public property 
to his owm use, or knowingly permit any 
other person so to convert it, or by gross or 
culpable neglect of duty allow the same to 
be lest to the city, shall be deemed guilty 
of a misdemeanor, and, la addition to the 
penalties Imposed by law, and on conviction, 
shall forfeit his office, and be excluded for- 
ever after from receiving or holding any of- 
fice under the city government; and any per- 
son who shall willfully swear falsely in any 
oath or affirmation required by this chapter 
shall be guilty of perjury. 

Money not to he itiilil to seetarlnn 

nrlioolN; public property; how ills- 

poseil of. 

Sec. 1,552. No money belonging to the city, 
raised by taxation upon the property of the 
citizens thereof, shall be appropriated in 
aid of any religious or denominational 
school, neither shall any property, real or 
personal, belonging to said city, be dis- 
posed of to any such school, except upon 
the sale thereof at public auction, after the 
same has been duly advertised, at which 
sale such school shall be the highest bidder, 
and upon payment of the sum so bid into 
the city treasury; neither shall any property 
belonging to the city, be leased to any school 
under the control of any religious or denomi- 
national institution, except upon such terms 
as city property may be leased to private 
parties after the same has been duly adver- 
tised. 

Properly to he moIiI at nuetlon. 

Sec. 1,553. All property sold other than land 
under water shall be sold at auction, after 
previous public notice, under the superintend- 
ence of the appropriate head of department. 
The proceeds of all sales made under and 
by virtue of this act shall, except as herein 
otherwise specially provided, be by the officer 
receiving the same immediately deposited 
with the chamberlain; and the account of 
sales, verified by the officer making the sales, 
shall be immediately filed la the office of th« 
controller. 

l*uteiiteil nrtlcleM; how nuppltril. 

Sec 1,554. Except for repairs no patented 
pavement shall be laid and no patented ar- 
ticle shall be advertised for, contracted for 
or purchased, except under such circum- 
stances that there can be a fair and reason- 
able opportunity for competition, the condi- 
tions to secure which shall be prescribed by 
the board of estimate and apportionment. 

Slieelal iirovlslou n.s to iinporN former- 
ly flleil In olllecM of town elcrkN. 

Sec. 1,555. Except as otherwise provided by 
this act, all papers now required by to 


THE CHARTER OF THE CITY OF NEW YORK. 


ir>o 

be filed and recorded in the town clerk’s of- j 
fice in any of the towns by this act united 
and consolidated into The City of New York, 
shall after this act takes effect, be filed and 
recorded in the office of the clerk of the coun- j 
ty in which such town is situated, and all 
such papers filed and recorded in any town 
clerk’s office of such towns, and the records 
thereof shall, immediately after this act takes 
effect, be deposited in such county clerk’s of- 
ficb by the town clerks of such towns, and 
shall remain of record therein. 

Code of ordiunnccM; when to he iirliiin ' 

facie evidence. | 

Sec. 1.556. A code or other volume contain- j 
Ing either the ordinances [and] or by-laws 
of the city published by authority of the I 
[municipal assembly] board of aldermen 
shall be prima facie evidence in all courts 
of justice of the authenticity of such ordi- 
nances [and] ^o^ by-laws, j 

llesponsihle KTunrautec company may 

act as surety. 

Sec. 1,557. Wherever this act provides for 
the giving of an official bond with surety or 
sureties, such surety or sureties may consist 
of a responsible guaranty company, provided 
the same shall be satisfactory to, and be ap- 
proved by the officer or officers, or body 
whose duty it is to approve such bond or 
sureties. 

Tenure of office. 

Sec. 1,558. All officers elected or appointed 
under this act shall, unless otherwise ex- 
pressly provided and unless sooner removed, 
hold their respective offices until their suc- 
cessors are respectively elected or appointed 
and have qualified. 

l*nl>licatioii to he made in City Record, 

niileSN otlier>TiMe provicied. 

Sec. 1,559. All publications required by this 
act shall, unless otherwise provided, be pub- 
lished in the City Record, and one publication 
therein shall be sufficient, unless it is herein 
otherwise prescribed. 

Office rs OP empIoycM not t€> lie ineinher.H 
poiittcai awHOCiationx, e tc. 

Sec. 1,560. No officer, subordinate or em- 
ploye of The City of New York or of any of 
the counties comprised within its territorial 
limits , who receives compensation for his 
services, sha l l be a m ember of any political 
party committee created or existing by law, 
or be a member of a committee or an officer 
of any org anization or association of citizens 
for the election of city officers, or be a dele- 
gate to or representative in any political 
party conven tion, and any person violatiug 
the provisions of this section shall be guilty 
of a m isdemeanor, and upon conviction shall 
forfeit the office, employment or position 
held by him, and shall also be punished by 
a fine not exceeding five hundred dollars or 
by imprisonment for a terra not exceeding 
one year. Any viola tion of the provisions 
of this section by any person shall be suf- 
hcient cause for the removal of such person 
from h is oifice by any officer or authority 
that under the provisions of t his act has 
power to remove such a persou for cause, aud 
on evidence satisfa ctory to the municipal 
civil se rvice commissioners by the declara- 
tion of any person or otherwise that he has 
violated any of the provisions of this section 
they shall strike the name of any such per- 
son from the list of those who would other- 


wise be entitled to promotion under the pro- 

harbor master or port warden of the port 

visions of existing laws or rules applicable 

of New York, the police of The City of New 

to the civil service of the city. 

York, or any city marshal or constable within 

Pi^iHiiinorn not to hold etc. 

Sec. 1.561. No person now receiving or who 

The City of New York, shall have power to 

arrest all persons and deliver into custody 

any person or persons taken in the act of 

may hereafter receive any pension from The 

violating any of the provisions of this sec- 

City of New York or any of the departments 

tion. 

thereof, or out of any fund under said city 

IIleK'nl to uKHiMt In to^vlng: or nnilliiK: 

or any of its departments, shall hold any 

ve««elM laden with grarliag:**. ete. 

Sec. 1,564. It shall not be lawful for any 

office, employment or position under The 

City of New Y'ork or any of the counties in- 

eluded within said city. Any officer, sub- 

person or persons to sail, navigate, or move. 

ordinate or employe of said city or any of 

or to aid. direct, or assist in sailing, navi- 

its departments or any of the counties in- 

gating or moving, any boat or vessel engaged 

eluded within said city now in receipt of 

in the transportation of any dead animal. 

any such pension shall forthwith forfeit such 

carrion, offal or any putrid, offensive refuse, 

office, position or employment. 

decaying or decayed vegetable or animal mat- 

Offioer« and em|>loye« not to perform 

ter, or any garbage or sw'eepings, taken from 

>v<irk ontwide pnhlie eiiiployiuent. 

the streets of any city, upon the waters re- 

Sec. 1,562. No officer or employe of The 

ferred to in the last section for the purpose 

of being dumped or deposited in said waters; 

City of New York or of any of the counties 

and it shall not be lawful for any steam 

comprised within its territorial limits, shall 

vessel to tow or carry any of the articles 

detail or cause any officer, employe or sub- 

mentioned in this or the last section. 

ordinate of the city or of any of said coun- 

Penalties for violntion of two laMt ner- 

lies to do or perform any service or work 

tf 011M. 

Sec. 1.565. Any person offending against 

outside of his public office, work or employ- 

meut: and any violation of this section shall 

constitute a misdemeanor punishable by a 

the provisions of the two preceding sections 

fine of not more than five hundred dollars. 

soaix be deemed guilty of a misdemeanor, 

or by imprisonment for not more than one 

and liable to imprisonment for a term of not 

year. 

less than six months or to a fine of not less 

■\Vafer» and «liore« to he kept pure and 

than five hundred dollar?, in the discretion 

eleaii. 

of the court, for each and every offense. 

Sec. 1,563. No swill, garbage, dead animals. 

and may be arrested by the authorities of the 

or of either of the counties of New York, 

decayed or other vegetables or fruits, bed- 

Kings, Queeps, Westchester or Richmond. 
The courts in said counties respectively shall 

ding or refuse or rubbish of any kind or any 

light or offensive soil or material that will 

have the power and jurisdiction to try said 

not settle in the Tvater when dumped shall 

otieuders, whether the offense be committed 

be dumped or deposited in the waters of the 

within their respective counties or not. Out 

port of New York or in the ocean, sea, rivers 

of any moneys received for fines, such sum 

or waters adjoining The City of New York, 

or sums shall be allowed and paid for the 

or in the waters of New York harbor, or 

expenses and disbursements attending the 

New York bay. or in the Hudson river, the 

arrest, as the court or magistrate may deem 

East river. Long Island sound, the waters 

reasonable and proper. The owner or own- 

adjacent thereto west of the middle ground 

ers or charterer of any vessel used in viola- 

shoal, or in the navigable waters lying be- 

tion of the preceding sections shall be liable 

tween said sound and the East river, nor in 

to The City of New York in a penalty of one 

toe waters bounding or adjoining the port 

thousand dollars for each offense, and on ac- 

or harbor of New York, or the upper bay; nor 

tion may be brought for the recovery thereof 

shall any article or thing that is’ liable to 

in the name of The City of New York. 

convey disease or is putrid, unwholesome. 

Piihlie nmt<»rieM: nnnory konrd: prewl- 

noxious or dangerous to the public health 

or calculated to defile or to render unclean 

dent of tlie board aldermen to be n 

the coast or shores of The City of New York. 

ineiiilrer of: Its dutieM. 

Sec. 1.566. All powers and duties relating 

be cast, thrown, placed, deposited or suffered 

or permitted to be placed, or deposited in said 

to the construction, repairs and maintenance 

waters or placed or suffered to be placed 

of and to public armories in The City of New 

where said water would ordinarily or natural- 

York, and to the purchase of supplies there- 

ly rise upon, take or receive them, except' 

lor. so far as the same have heretofore been 

ing, however, the ordinary discharge of sew- 

conferred upon the commissioner of public 

ers constructed under the authority of the 

buildings, lighting and supplies by chapter 

laws of the state within which they are lo- 

two hunored and twelve of the laws of eigh- 

cated. This section shall not apply to the 

teen hundred and ninety-eight, known as 

erection or construction of any pier, dock. 

1 ‘the military code,” are hereby devolved 

bulkhead or the making, by tilling in. in 

' upon the armory board having jurisdiction 

a Dioner n’ann^r of thp land, in o.asf where 

j within The City of New York as in said mili- 

the election ot such pieis. uocks. or duik- 

1 lary code provided. The powers and duties 

heads, or making, by filling in. of land is 

! heretotore exercised by the commissioner of 

now authorized by the Jaws of the state; nor 

; public buildings, lighting and supplies as a 

to wniKs underiaken by the govf^rnment of 

1 member of said armory board are hereby 

the united States in the port and harbor of 

devolved upon the president of the board 

The City of New York, or authorized by the 

of aldermen, who shall be a member of said 

laws of the state of New York. Auy pilot. 

aimory board. 


\ 


t 


' THE CHARTER OF THE CITY OF NEW 


TITLE [8.3 5^ 

r- rt.-^p-' p COROXERS. — 
Coroners to be eleeteil in the boroughs. 

Sec. 1,570. [Four] Two coroners shall 
hereafter be elected in the borough of 
Manhattan, two in the borough of The 
Bronx, two In the borough of Brooklyn, 
[three] one in the borough of Queens and 
[two] one^ In the borough of Richmond. 
They shall be elected in the same manner 
and at the same general elections as are the 
sheriffs in the several counties in which such 
boroughs are situated, shall hold their respec- 
tive ofdces for the term of four years and 
shall be removable in the same man- 
ner as sheriffs. The coroners in the 
borough of Manhattan shall hereafter keep 
open on every day in the year, including 
Sundays and legal holidays, the coroner’s of- 
fice in such borough, with a clerk in constant 
attendance at all times of the day and night. 

Id.; offlcers and subordinates provided 

for; salaries and compensation. 

Sec. 1,571. The coroners in each borough 
shall have an ofiSce in said borough and shall 
appoint a clerk who shall receive an annual 
salary to he fixed by the board of estimate 
and apportionment and the [municipal as- 
sembly] board of aldermen, and such and 
so many assistant clerks as shall he pro- 
vided for in the annual [estimate] 
budget. They shall also appoint a stenog- 
i^pher in each borough, whose duty it 
shall be to take accurate and full steno- 
graphic minutes and transcribe the same, of 
all proceedings and testimony taken before 
a jury in any coroner’s court, held by any one 
of said coroners. Each of said coroners shall 
possess all the powers and perform all the 
duties vested in or imposed upon coroners by 
any existing laws relating to coroners in the 
city of New York as heretofore known and 
bounded, or by any law of this state. The 
salaries or other compensation of said coro- 
ners shall be fixed by the board of estimate 
and apportionment and the [municipal as- 
sembly] board of aldermen. _ 


' CHAPTER XXIII. 

PROVISIOXS REIiATIXG TO THE COtX- 
TIES AXD REPEAL, PROVISIOXS. 

Title 1. Provisions relating to the counties. 
2. Repeal provisions. 

I TITLE 1. 

PROATSIOXS REEATIXG TO THE 
COVXTIES. 

'W'nrils In the borongli of Brooklyn; 
how desiftnnted. 

Sec. 1,577. The wards of the former city of 
Brooklyn are hereby continued, with their 
present boundaries and numbers, and shall 
be known and designated as wards of the 
borough of Brooklyn. 

XVardu In boronsrhs of Manhattan and 
the Bronx; how desiBnnted. 

Sec. 1,578. The wards of the corporation 
heretofore known as the mayor, aldermen 
and commonalty of the city of New York 
are hereby continued, with their present 
boundaries and numbers, and shall be known 
and designated as wards of the borough of 
Manhattan and the Bronx, respectively. 

Towns and vlllaffes in Richmond coun- 
ty nholishcd. 

Sec. 1,579. The five towns and all the in- 
corporated villages within the county of 
Richmond are hereby abolished. 


Wards In the borough of Richmond. 

Sec. 1,580. The territory included within 
the towns of Castleton, Middletown, North- 
field, Southfield and Westfield, In the county 
of Richmond, shall, in the order named, be 
known and designated as wards One, Two, 
Three, Four and Five, respectively, of the 
borough of Richmond. 

'Towns in Queens county abolished; 

wards in borough of Queens. 

Sec. 1,581. The towns of Newtown, Flushing 
and Jamaica, and all the incorporated villages 
in that part of the county of Queens Included 
within the city of New York, as constituted 
by this act, are hereby abolished. The territory 
heretofore known as Long Island City shall be 
known as Ward One of the borough of Queens; 
the town of Newtown as Ward Two of said 
borough; the town of Flushing as Ward Three; 
the town of Jamaica as Ward Four; and that 
part of the town of Hempstead included within 
the city of New York, as constituted by this 
act, shall be known as Ward Five of the said 
borough of Queens. But the supervisors of 
said towns who are in office when this act 
takes effect shall serve out their respective 
terms of office as supervisors of the w’ards in 
which they respectively reside, and shall con- 
tinue to be members of the board of supervis- 
ors of the county of Queens. 

[Municipal assembly] Board of Aldcr- 

men; power to change boundaries. 

Sec. 1,582. The [municipal assembly] board 
of aldermen may from time to time by oi^ 
dinance change the boundaries of wards and 
create other wards as the public good and 
convenience may require. 

Salaries of county oflicers in Xew 

York. Ricbmond and Kings counties; 

how met. 

Sec. 1583. The salaries of all county officers 
In the counties of New York, Kings, Queens 
and Richmond shall unless otherwise provided 
by law be fixed by the board of alderman on 
the recommendation of the board of estimate 
and apportionment, [subject to approval by 
the municipal assembly] and all county 
charges and expenses and salaries of county 
officers in said counties and each of them shall 
be audited and paid by [The City of New 
York, in the same manner as the salaries of 
city officers and city charges are paid] the 
department of finance out of the fund or ap- 
propriation applicable thereto, and the audit 
of said department in respect to such charges 
and expenses shall extend to the reasonable- 
ness thereof and shall be. in all respects, as 
full and com plete as the audit of city charges 
and expenses provided for by section one hun- 
dred an d forty-nine of this act; but nothing 
in this section contained shall be construed 
as in any way changing or modifying the 
provision contained in section nine hundred 
and two of this act, to the effect that the 
sums necessary to defray the salaries of coun- 
ty officers and to pay county charges and ex- 
penses in said counties shall be levied and 
assessed upon the property of said four coun- 
ties. respectively, so that each shall ulti- 
mately bear and pay all its owp county 
charges, nor to affect the county of Queens 
until after the thirty-first day of December, 
eighteen hundred and ninety-nine. 

Election of comity olliccrs reqaired liy 

the constitution not affected. 

Sec. 1,584. Nothing in this act contained 
shall be deemed to interfere with or hereafter 
prevent the election, under and pursuant to 
laws relating thereto, of all county officers re- 
quired by the constitution of the state, to be 


- 'V. ^ 

YORK. , .101 


elected in either of the counties, in whole or 
in part, included within the city of New York, 
as constituted by this act. 

Public ndmiiiistrator of tiic'couniy of 
Xew York. 

Sec. 1,585. Upon the taking effect of this act 
the official designation of the public adminis- 
trator in the city of New York as heretofore 
known and bounded, shall be the public ad- 
ministrator of the county of New York, and 
such officer shall continue a county officer 
with the powers, duties and obligations now 
prescribed by law, and the present provisions 
of law and the present ordinances relating to 
said public administrator shall not be af- 
fected by anything herein contained. 

Dcvoliiiion of powers vesieil in l>oards 
of supervisors in Xew York. Kings, 
Queens and Richmond counties. 

Sec. 1,586. [All powers of local legislation and 
adminietration in the counties of New York, 
Kings, Qui^ens and Richmond which are not, 
at the time of the taking effect of this act, 
vested in boards of supervisors of said coun- 
ties by an act, entitled “An act to provide for 
boards of supervisors in counties wholly within 
the limits of a city, but not comprising the 
whole of such city, and defining the powers 
and duties thereof,’’ or which are not vested 
in other courty officers required by the con- 
stitution of the state to be maintained in slid 
four counties, respectively, are hereby vested 
in the mun'cipal assembly of the city of New 
York, as constituted by this act, except where 
otherwise vested by this act in administrative 
departments or officers of said city. And in 
the county of Queens the board of supervis- 
ors heretofore elected shall exercise their du- 
ties as supervisors of the county up to and in- 
cluding the thirty-first day of December, eigh- 
teen hundred and ninety-nine, their audits and 
expenditures however to be limited to the 
amount of appropriations or sums now or 
heretofore included in the budgets of the city 
of New York or the county of Queens and said 
supervisors shall possess no power to raise any 
further sums upon the credit of the county nor 
to incur any new liability on behalf of said 
county except as herein specifically provided.] 
Any and all of the powers and duties of the 
several boards of supervi sors heretofore ex- 
isting in any of the cou nties within the ter- 
ritory of Th e City of New York not trans- 
ferred or devolved upon administrati ve de- 
partments, boards, commissions, o fficers or 
other functio naries, are hereby vested in the 
board of aldermen of The City of New York. 

Tbe ofiiee of connty ireasnrer in llie 
counties of Kings. Queens anti Ricii- 
nioncl abolished. 

Sec. 1587. The office of the county treasurer 
of the county of Richmond is hereby abolish- 
ed. and after the thirty-first day of December, 
eighteen hundred and ninety-nine, the office of 
the county treasurer of the county of Queens 
shall cease to exist, and after the thirty -first 
day of December, nineteen hundred and one , 
the office of county treasurer of the county 
of Kings shall cease to exist, and all the 
powers, duties and obligations of said county 
treasurers are hereby devolved upon the con- 
troller of The City of New York as consti- 
tuted by this act, except as otherwise pro - 
vided by section one hundred an d ninety- 
seven of this act. The cleri cal force and em- 
i ployes of the county treasurer of Ki ngs Coun- 

ty shall be assigned by the contro ller of 
I 'The City of New York on January first, nine- 
■ teen hundred and two, t o corresponding posl- 
i tions and duties in the department of finance 


THE CHARTER OE THE CITY OF NEW YORK. 


K2 


as nearly as m ay be without prejudice or 
advantage; provided, however, that nothing 
herein contained shall be construed to re- 
peal, limit, modify or abridge any provisions 
of law or civil service reguiat ions relative 
to the remo val of subordinates by public of- 
ficers or heads o f departments, nor to affect 
the right of abolishing unnecessary positions. 

Disposition of real anti personal ]>rop- | 
erty o>rne«l l»y or held In trust for I 
llic toTvn of Henipsteatl. 

Sec. 1,590. All the real property owned by 
the town of Hempstead and situated in that 
part of said town included within the city 
of New York, as constituted by this act, is 
hereby vested in the said city of New York 
and divested out of the town of Hempstead; 
and ali of the real property owned by the 
town of Hempstead and situated elsewhere in 
said town is hereby vested in the town of 
Ifempstead and divested out of the said city 
of New York. 

Aii of the property owned by the town of 
Hempstead other than reai property, includ- 
ing money, investments, securities on invest- 
ments and money held in trust for the bene- 
fit of said town, directly or indirectiy, shall 
be divided between the said town and the 
city of New York, as constituted by this act, 
and the proportion of the same to which each 
shall, in equity and good conscience be en- 
titled to receive upon such division, shali be 
ascertained and determined by agreement by 
and between the town board of the town of 
Hempstead, upon the one side, and the mayor 
and the municipal assembly of the said city 
of New York, upon the other side, and in 
case of their inabiiity to agree upon such 
division within si,\ months after this act 
shall take effect, the supreme court in the 
third judicial district is hereby empowered 
to divide the same between them and to as- 
certain and award to each its equitable pro- 
portion thereof, and to enforce its determina- 
tion thereon, and either of the said munici- 
palities may institute and prosecute, in its 
own name, an action in equity in said court 
for that purpose after the expiration of six 
months and before the expiration of one year 
after this act takes effect. 

Proportion of fnixlN nn«l money!ii re- 
ceived I>>- tlie city which slionid I>e 
returned to Queens county or paid to 
the controller of Hie state; how de- 
termined. 

Sec. 1,591. The mayor and the municipal 
assembly of the city of New York, as consti- 
tuted by this act. and the Ttoard of super- i 
visors of the county of Queens, are also au- j 
thorized and empowered to determine what | 
proportion of the funds and moneys that j 
may be received by the city of New 
York pursuant to the provisions of this 
act, from any officer of any of the municipal 
and public corporations or parts of muni- 
cipal and public corporations within the 
county of Queens, and hereby consolidated 
with the corporation heretofore known as 
the mayor, aldermen and commonalty of the 
city of New York, should be refunded or re- j 
paid to the county of Queens, as representing I 
taxes levied and assessed for the payment | 
of county charges and expenses within said 
county, and in like manner w'hat proportion 
of said moneys that may be so received, were 
levied for state taxes payable by said county 
of Queens for the year 1898, and should 
therefore be turned over to the controller of 
the state in payment and discharge of said 
county’s obligation to the state in that re- 
gard for the year 1898. If the mayor and the 
municipal assembly, and the said board of 
supervisors of the county of Queens be un- 


able within three months after this act 
takes effect to agree as to any or either of 
said matters, then the supreme court of the 
third judicial district shall have power to 
determine in each ease where a disagreement 
occurs upon said matters, and each of them, 
and to enforce such determination and de- 
cision in a suit in equity, to be brought in 
the came of the supervisors of said county 
of Queens, or of the controller of the state, 
as the case may be, not less than six months 
nor more than cne year after this act takes 
effect. 

C'oiiiroller <if state to transmit to tlic 
city a statement of the state tax to 
he iiaiil liy \ew A'orU, KiiiKS, Queens 
anil Kielimonil eoiiiities; how levied 
anil eolleeteii. 

Sec. 1595. It shall be the duty of the con- 
troller of the state annually to transmit to 
the controller of the city of New York, as 
hereby constituted, for levy and collection 
by said city, a statement of the amount of 
tax for state purposes to be paid by the coun- 
ties of New York, Kings, Queens and Rich- 
mond. respectively. The amount, of which 
a statement is thus transmitted by the con- 
troller of the state to the controller of said 
city, shall be levied upon and collected from 
the entire property within the territorial 
limits of said city in like manner as other 
expenses of said city. 

TITLE 2. . 

REPK.VI, I’noVISIONS— EI-'FEC’l’ OF 

THIS ACT. 

IiiciMiKiNient iirovisions of ooiisulida- 
tioii lift repenlcd. 

Sec. 1,608. The act of the legislature of the 
state of New York, passed July 1. 1882, known 
as the New York city consolidation act of 
1882, and acts amendatory thereof, and sup- 
plemental thereto, and other acts of the legis- 
lature of the state of New York now in force 
relating 'o or affecting the local government 
of the city of New York, as hereto- 
fore constituted, are hereby repealed so 
far as any provisions thereof are incon- 
sistent with the provisions of this act. or so 
far as the subject matter thereof is revised or 
included in this act, and no further. So far 
as the provisions of this act are the same in 
terms or in substance and effect as the pro- 
visions of the said consolidation act, or of 
other acts of the legislature now in force re- 
lating to or affecting the municipal and public 
corporations, or any of them herein united 
and consolidated, this act is intended to be 
not a new enactment but a continuation of 
the said consolidation act of 1882. and said 
other acts, and is intended to apply the pro- 
visions thereof as herein modiSed to the city 
of New York as herein constituted, and this 
act shall accordingly be so construed and ap- 
plied. 

Omission of previon.s nets not to lie 
coii.st rtieil ns vcpenleil. 

See. 1,609. The mere omission from this act 
of any previous acts or of any of the provis- 
ions thereof, including said consolidation act 
of 1882, relating to or affecting the niunici-' 
pal and public corporations or any of them 
which are herein united and consolidated, 
shall not be held to be a repeal thereof. 

-Vets npiilienbie to tiie city of New York 

Sec. I.GIO. .\11 the provisions of all acts of 
the legislature of the state of New York, in- 
cluding said consolidation act of 1882, of a gen- 
erai and permanent character, relating to the 
corporation heretofore known as the mayor, 
aidermen and commonalty of the city of New 
York, in force at the time this act goes into ef- 
I 


feet, which arc consistent with this act and its 
purposes, and which are not revised and in- 
cluded in or the subject matter thereof 
covered by this act, are hereby extended 
to the city of New York as herein constituted, 
so far as they are consistent with this act, and 
are not in their nature locally inapplicable to 
other portions of the city than the corporation 
heretofore known as the mayor, aldermen and 
commonalty of the'city of New York. And 
the provisions of law thus extended to the.city 
of New York as herein constituted shall apply 
to said city throughout its whole extent, any- 
thing to the contrary notwithstanding con- 
tained in the charter of any of the municipal 
or public corporations or laws relating there- 
to, which are by this act united and consolidat- 
ed with the corporation heretofore known as 
the mayor, aldermen and commonalty of ths 
city of New York. 

To take effect .Innanry 1, 1.S08. 

Sec. 1,611. For the purpose of determining 
the effect of this act upon other acts and the 
effect of other acts upon this act, this act 
shall, except as in this section is otherwise 
provided, be deemed to have been enacted on ^ 
the first day of January, in the year 1898. 
This act shall take effect on the first day of 
January, 1898; provided, however, that where 
by the terms of this act an election is provided 
or required to be held or other act dene or 
forbidden prior to January 1, 1898, then as to 
such election and such acts, this act shail 
take effect from and after Its passage, and 
shall be enforced immediately, anything in 
this chapter or act to the contrary notwith- 
standing. 

Invalidity of one section not to In- 
validate any otlier section. 

Sec. 1,612. The invalidity of any section or 
provision cf this act shall not invalidate any 
other section or provision thereof. 
Interresnnm; liow iirevented. 

Sec. 1,613. To guard against the inconven- 
ience and effects that might arise from the 
changes in local government effected by this 
act. and to prevent an interregnum and oth- 
erwise to carry out the purposes and -provi- 
sions of this act, it is hereby enacted that un- 
til this act and its several provisions s'oall 
take effect all existing acts shall remain in 
force, and all officers in office when this act 
takes effect shall remain in office until their 
successors are respectively elected and ap- 
pointed and shall have qualified under the 
provisions of this act. And for the purposes 
aforesaid as well as for any ether purpose 
necesiary or proper to effectuate the scheme 
and objects of this act, and to carry , into 
effect the powers granted by this act .to the 
city of New York, the municipal assemhJy 
shall have power by ordinances to make from 
time to time all such provisions concerning 
the local rule and government of the city of 
New York as herein constituted, and each and 
all of its departments as it may find neces- 
sary or deem needful not inconsietent wj:h 
the constitution and laws of the state and, the 
express provisions of this act. , , 

Existing- rights and remedies pre- 
served. :• 

Sec. 1,614. No righf or remedy or any 
character shall be lost or impaired 'or if- 
fected by reason of this act. This act 'shall 
not affect or impair any act done or right 
accruing, accrued or acquired, or • penalty, 
forfeiture or punishment incurred prior to the 
time when this act cakes effecx or by virtue 
of any laws repealed or modified by this aot, 
but the same may be asserted, enforced, pros- 
ecuted or inflicted as fully and to the same 
extent as if this act had not been passed or 
said laws had not been repealed or modifieiU 


THE CHARTER OF THE CITY OF NEW YORK 


103 


and all actions, suits, proceedings or prosecu- 
tions under the New York city consolidation 
act of 1882 pr amendments thereof, or other 
laws relating to the city of New York and 
herein repjMled or modified, or under any 
charter or law relating to any of the munic- 
ipal and public corporations which are herein 
united and consolidated and pending when 
this act takes effect, including the counties of 
Kings and Richmond, may be prosecuted and 
defended to final effect in the same manner as 
they might under the laws then existing, un- 
less iierein otherwise specially provided, and 
such actions, suits, proceedings or prosecu- 
tions may be continued without change of 
name or title, or on motion the city of New 
York may be substituted as plaintiff or de- 
fendant, as <he case may be, in the place of 
the existing party to whose rights and obli- 
gations the said city of New York has by 
force of this act succeeded. The corpoivition 
counsel shall assume the charge, direction 
and control of all such actions, suits and pro- 
ceedings in behalf of che city of New York. 
.\11 furure suits by or against the city of 
New York as herein constituted or against 
any of the municipa’ and public corporations 
ip' this act united and consolidated shall be 
in the corporate name of “The City of New 
Y'ork.” 

Powern of corporal ionx consolidated 

devolved upon llie city of New YorU. 

Sec. 1,615 Upon the taking effect of this 
act, on the first day of January, eighteen hun- 
dred and ninety-eight, all the municipal and 
public corporations, except counties, which 
by this act are consolidated with the corpora- 
tion heretofore known as the mayor, aldermen 
and commcnalty of the cityof NewYork, shall 
cease and determine, and their powers to the 
full extent of legislative power in this behalf 
are respectively devolved upen the corpora- 
tion of the city of New York as herein con- 
stituted and the municipal assembly thereof, 
unless otherwise expressly provided in this 
act or by law. And all offices forming part of 
the local government of the said municipal 
and public corporations and parts thereof, in- 
cluding cities, villages, towns and school dis- 
tficts, but 'not including counties, which, by 
the first section of this act, are united and 
consolidated Into the city of New York as 
herein constituted, are hereby abolished as to 
all the territory embraced within the limits 
of said eiiy, except as herein otherwise ex- 
pressly provided. The foregoing does not in- 
clude the office of recorder of the former city 
of New York, which is hereby continued under 
the name and title of recorder of the county 
of New York. , 

Forfeiture or loss of property not 

'worked. 

Sec. 1,616. Neither the above nor any other 
'provlsfons of this act shall work any for- 
feiture or loss of any property or rights there- 
in or relating thereto held in trust by said 
municipal and public corporations or any of 
them, or to which they mr any . of them are 
or may be entitled, and the city of New York 
as herein constituted "is hereby declared to 
be the successor in respect of such property 
‘and rights of the said municipal or public 
corporation to which the same was granted; 
and the said city ol New Y'ork shall hold the 
same, as well as all other property and rights 
tp' which such corporation may be entitled, 
as successo"r.’ on the same trusts and charged 
with the same duties as the municipal or pub- 
lic corporation to which It was granted. 

Franchises and other «rauls not 

affected. 

Sec. 1,617. Neither this act nor anything 
contained therein shall affect any grants or 
franchises or properties or rights of any 


nature in, to or concerning property of any 
character or other grants made by the Nicolls 
charter, the Dongan charter, the Cornbury 
charter, the Montgomerie charter, by the 
confirmatory act passed the 14th day of 
October, 1732, or. by any other charter or act 
granted LO the corporation known as the mayor 
aldermen and commonalty of the city of New 
York, by the state of New York, or granted 
by said state to the City of Brooklyn or to 
any of the other municipal and public cor- 
porations which are herein united and con- 
solidated into the city of New York, and each 
and all of said grants are to all intents and 
purposes hereby ratified, granted, confirmed 
and extended to the city of New Y'ork as 
constituted by this act. 

Tills act; liow repealed or amended. 

'Sec. 1,618. This act or any section or pro- 
vision thereof shall not be deemed to be re- 
pealed or amended by any act of the legis- 
lature, unless it be so expressly stated, or 
the legislative intention to that effect is un- 
mistakable. 

Chapter !M3 of the Laws of 1.S9G not 

repealed. 

Sec. 1,619. Nothing in this act contained 
shall be deemed to repeal the provisions of 
chapter 942 of the laws of 1896. 

This net a pahlie aet. 

Sec. 1,620. This aet, providing for uniting 
Into one municipality various communities, 
including the city and county of New Y'ork, 
the city of Brooklyn, the county of Kings, 
the county of Richmond and part of the coun- 
ty of Queens with the municipal and public 
corporations therein, as in this act provided, 
is intended to be and shall be deemed and 
held in all courts and jurisdictions to be a 
public act, of which the courts shall take 
judicial notice. And this act shall be con- 
strued not as an act in derogation of thf 
powers of the state, but as one intended tj 
aid the state in the execution of its duties 
by providing, subject to the constitution and 
laws of the state and the provisions and 
limitations herein contained, an adequate 
scheme of local government for the com- 
munities and people affected, through the lit- 
strumentality of the corporate body herein 
constituted under the name of “The City of 
New York.” 


Sec. 2. The several sections of the said 
chapter three hundred and seventy-eight of 
the laws of eighteen hundred and ninety- 
seven, the numbers and titles of which are set 
forth In the first schedule annexed to this 
act, entitled “The First Schedule. Sections 
of the Greater New York Charter repealed,” 
are and each of the.-n is hereby repealed. The 
repeal of any of the sections mentioned in the 
said First Schedule shall not affect or im- 
pair any act done or right accruing, accrued 
or acquired, or penalty, forfeiture or punish- 
ment incurred prior to January first, nineteen 
hundred and two, under or by virtue of the 
sections so repealed, but the same may be en- 
joyed. asserted, enforced, prosecuted or in- 
dicted as fully and to the same extent as if 
such sections had not been repealed; and all 
actions or proceedings, civil or criminal, 
commenced under or by virtue of the sections 
so repealed, and pending December thirty- 
first, nineteen hundred and one, may be 
prosecuted and defended to final effect in 
the same manner as they might under the sec- 
tions of the said chapter three hundred and 
seventy-eight of the Laws of eighteen bun- 
dled and ninety-seven then existing, unless 


it shall be otherwise specially provided by 
law. The provisions of this act, so far as 
they are substantially the same as those Of 
laws existing on December thirty-first, nine- 
teen hundred and one shall be construed as 
a continuation of said laws, modified or 
amended according to the language employed 
in this act and not as new enactments, and 
shall be applicable to all matters contained 
in the several sections of the said chapter 
three hundred and seventy-eight of the laws 
of eighteen hundred and ninety-seven which 
are repealed, modified or amended by this 
act. References in laws not repealed (o 
provisions of law Incorporated Into this aet 
and repealed shall be construed as applying 
to the provisions so incorporated. When- 
ever by the provisions of this act a section 
which is repealed hereby and the number and 
title of which Is contained in the First Sched- 
ule annexed to this act has been replaced 
by a section containing the same number, 
the repeal of the former section shall in no- 
wise affect or impair the full force, effect 
and validity of the new section so substituted 
by the same number. 

Sec. 3. The several sections of the said 
chapter three hundred and seventy-eight of 
the laws of eighteen hundred and ninety- 
seven, the numbers and titles of which ar* 
set forth In the Second Schedule anne.xed 
to this act entitled “Second Schedule. Sec- 
tions to remain In force until changed by 
the Board of Aldermen," are and 
each of them is hereby continued in full 
torce and effect until the board of aldermen 
as constituted by the foregoing provisions 
of this act shall pass ordinances regulating 
the matters provided for in the said several 
sections mentioned in the Second Schedule, 
all of which ordinances the said board of al- 
dermen is hereby expressly empowered t« 
pass. Upon the passing of any such ordi- 
nances regulating the matters provided for 
in any one of the said sections respectively, 
such section shall cease to have any force 
or effect, and the same is and shall be re- 
pealed. 

Sec. 4. .Yt the general election to be held 
in The City of New York in the year nine- 
teen hundred and one there shall be elected, 
as provldd in the Greater New York Char- 
ter as amended by this act, a mayor, a comp- 
troller, a president of the board of aider- 
men. presidents of the several boroughs, and 
coroners and members of the board of aider- 
men, to the number herein provided, all of 
whom shall hold office for the terms and 
possess the powers and perform the duties 
specified in said Charter as amended by this 
act. 

Sec. 5. This act shall take effect on the first 
day of January, in the. year nineteen hun- 
dred and two. Provided, however, that sec- 
tion nineteen of the Greater New Y'ork 
Charter as amended by this act, entitled 
“.Yldermanlc Districts,” shall take effect im- 
mediately; and it shall be the duty- of the 
municipal assembly of The City of New York 
to divide the said city into aldermanic dis- 
tricts in the manner and within the time 
set forth ' in the said secton. And 
provided,, further, that title two 
of chapter thirteen of the Greater 
New York Charter as amended by this act, 
entitled “Bellevue and Allied Hospitals In 
The City of New York” and section ten hun- 
dred and ninety-one of said Charter as 
amended, entitled "Power to fix Salaries” and 
relating to salaries in the department of edu- 
cation, shall take effect Immediately. And 
provided that whereby the terms of the Char- 
ter as hereby amended it is provided that 
any act shall be done or forbidden prior to 
January first, nineteen hundred and two, thea 


THK CHARTER OF THE CITY OF NEW YORK. ' 




as to such act this act shall take effect from 
and after its passage and shall be in force 
immediately, anything In this chapter to the 
contrary notwithstanding. And provided, fur- 
ther, that the board of estimate and appor- 
tionment as now_ constituted and the mu- 
nicipal assembly of The City of New York 
shall during the year nineteen hundred and 
one make appropriations for the year nineteen 
hundred and two, so far as practicable, as 
though this act had fully taken effect at the 
time of preparing the annual budget for the 
year nineteen hundred and two. 


THE FIRST SCHEDULE, 

Sections of tlie Greater Xew TorU 
, Charter Repealed. 

Section. Title. 

11.. Expense of public schools tor the year 

1898. 

19.. Council, how chosen; council districts. 

20.. Term of ofBee of members of the coun- 

cil. . 

21.. Mayor, an ex-ofHcio member of the 

council. 

24.. Board of aldermen, how constituted; 

terms of office; vacancies, how filled; 
salary. 

26.. 1d.; how president elected 9nd removed. 

43.. 1d.; to restrict height of buildings. 

51.. 1d>; licenses to second-hand dealers; 

penalty for violating ordinance. 

62.. 1d.; designating common jails. 

53.. 1d.; assignment of places tor holding 

courts of general and special sessions 
and magistrates’ or police courts. 

64.. 1d.; assignment of places for holding 

municipal courts. 

102. .Department of buildings. 

131. .Municipal statistical commission; how 

constituted. 

132. .Meetings of commission; quorum. 

133.. Place of meeting. 

136.. Powers and duties of chief of bureau. 
137. .Publication of statistics. 

233. .Salaries of certain officers. 

234.. List of persons and salaries not with- 

in a department. 

247. .Comptroller's duties. 

286.. Police force; chief of police; first ap- 

pointment. 

287.. 1..; other officers; first appointment. 

295.. Police board; president and treasurer. 

296.. 1..; duties of treasurer; bond; deputy 

treasurer. 

304.. 1.. ; regulations of civil service com- 

missioners. 

322.. 1..; to provide lodgings for vagrants, 

etc. 

325. .Applications for medical attendance; 

registered physicians. 

326. .Compensation of registered physicians; 

certificate, etc. 

327. .Physician to report to department of 

health. 

328.. Nearest physician to be called; penalty 

for refusal to attend. 

829.. List of registered physicians to be 

posted. 

330.. Hours of service of registered physi- 

cians. 

358. .Elections; powers transferred to po- 
lice board; board and offices abolis'ned. 

359.. General bureau of elections; control 

of; branches. 

361.. 1..; appointment of chiefs of branches 

and assistants; salaries of assistants; 
detailing members of police force. 

363.. 1.. ; employes continued in service. 

364.. 1..; appropriation for expenses of. 


Section. Title. 

365.. 1..; superintendent the chief executive 

officer; annual report. 

366.. 1..; chiefs of branches; duties; loca- 

tion of offices. 

367.. 1..; election expenses a charge against 

the city. 

368.. Id.; existing records and property 

transferred to custody of. 

370.. 1..; application of preceding section. 

374.. Police fnatrons to be members of uni- 

formed force. 

410.. Board of public improvements; how 

constituted. 

411.. 1..; president; salary; powers. 

412. . 1..; secretary; office; meetings; quo- 

rum, etc. 

413. . Authorizing public Improvements. 

415.. Board of public improvements; power 

with respect to certain subjects. 

416.. 1..; to prepare ordinances, etc. 

417.. Public improvements; further proce- 

dure. 

418.. Board of public improvements; power 

to prescribe rules, etc. 

444.. Board may detail employes to assist 

president. 

461. . Department branches; where located. 

464. . Engineers’ duties. 

456. .Commissioners; powers to appoint and 
fix salaries. 

457 — Id.; other duties. 

468.. 1..; to organize bureaus. 

523. . Commissioner of highways; appoint- 

ment, term, salary. 

524.. 1..; jurisdiction. 

555. . Commissioner of sewers; appointment; 

salary. 

556.. 1..; jurisdiction and duties. 

565. .Devolution of powers of the commis- 
sioner of street improvements in the 
twenty-third and twenty-fourth 

wards. 

672. .Commissioner; appointment, terms, 

salary. 

573.. 1..; jurisdiction. 

574. . Consulting engineer; duties. 

586.. Former boards to turn over maps, etc., 

commissioner. 

588. .Devolution of powers of former boards. 
681. .Employment of inmates; articles man- 
ufactured; cultivation of lands. 

721. .Deputies. 

901.. 5.ecial provision for taxes of 1897-1898. 
930. .Enforcing payment of personal taxes; 

fine may be Imposed. 

931.. 1..; order to prosecute; when operates 

as assignment of bond. 

993. .Subdivision of plots. 

1060. . 5pecial and general school funds; all 

moneys received by board of educa- 
tion. 

1061.. 5chool board, how constituted; vacan- 

cies; members to hold no other office 
except, etc. 

1065.. Board of education and school boards 

to administer funds; apportionment 
thereof how made. 

1066.. 1d. : may direct controller to withhold 

certain appropriations. 

1077. . 1d.; advertising for contracts; security 

for performance. 

1086. .Continuation of yearly contracts with 
teac’aers in territory consolidated. 
1088 — Oath of appointees to school office. 

1089.. 5chool board; organization; secretary 

and employes; duties and bond of sec- 
retary. 

1090.. 1d. ; powers and duties. 

1092.. 1d.; duties of secretary; chief clerk 

and secretary may administer oaths. 
1093 — Id.; powers to establish kindergartens, 
etc. 

1094.. 1d.; power to establish evening schools, 


Section. Title. 

etc.; may establish, discontinue and 
consolidate schools in boroughs. 

1095.. 1d.; power to establish special classes 

for persons who cannot use the En- 
glish language readily. 

1096.. 1d.; power to establish high schools, etc. 

1097.. 1d.; power to create school inspection 

districts, discretionary; mayor ap- 
points inspectors; terms, organiza- 
tions, etc., of inspectors. 

1098.. Duties of Inspectors of common schools. 

1100.. 1d.; to provide for payment of salaries 

to principals and teachers and for dis- 
bursements. 

1101.. 1d.; annual and other reports. 

1102.. 1d.; power to appoint and remove 

borough superintendents and associ- 
ate superintendents of schools; quali-- 
fications. 

1104.. 5chool boards; changing grades of 

schools and classes; fixing standard 
of qualifications for principals and 
teachers. 

1105. .Id.; by-laws governing transfers of prin- 
cipals and teachers. 

1106.. 1d. ; transfer of unemployed principals 

or teachers. 

1107.. 1d. ; board of superintendents of the 

boroughs; how duties regulated. 

1108. .General duties of borough superintend- 

ents and associate superintendents. 

1109. .Borough board of superintendents; lists 

of principals, etc., to be kept by; 
where principals report. 

1110.. 1d.; promotion of pupils; transfer of 

teachers by city superintendent of 
schools; preferment where schools are 
consolidated or discontinued. 

1111.. 1d.; recommendations of and requisi- 

tions for text bonks and scholastic 
supplies. 

1112. .Miscellaneous provisions as to powers 
and duties of borough superintendent, 
borough board of superintendents and 
principals. 

1113.. 1d. ; qualifications for special branches. 
1116. .Borough superintendents; enforcing 

compulsory education law; nominat- 
ing, assigning, suspending and dis- 
charging clerks. 

1119.. 5chool board of the borough of Brook- 

lyn to control and administer the pub- 
I lie school teachers’ retirement fund 
created by chapter 656, laws of 1895; 
composition of fund; retirement and 
pensions of teachers. 

1190. .Registrar of records. 

1191.. 1d.; and payment for night medical 

service. 

1281. . Parties to suit brought after twelve 

days; costs against department. 

1336. .Pension for ^twenty years’ service. 

1381. .Del Iverv of papers, etc. 

1382. .Disposition of causes pending in district 

courts, etc. 

1384. . Justices of district courts, etc., to act 

till February 1, 1898. 

1392.. City magistrates in first division con- 

tinued. 

1393.. 0ffice of police justice abolished. i- 

1394.. City magistrates in second division. 

1395. .Salary, etc. 

1396. .Powers. 

1397.. Board of magistrates. • r 

1399. .Transfer of charges. . 

1400.. Clerks and employes. 

1401. .Justices of special sessions appointed. 

1403. .Qualifications. 

1404. .Clerks. 

1413. .Appeals from special sessions. > 

1414. .Delivery of papers, etc. 

1416. .Pending actions. 

1417. . Designation of magistrate*. 


THE CHARTER OF THE CITY OP NEW YORK. 


' 




A 


± 


Section. Title. 

1418. . Justices to act. 

1458.. 5.ages and omnibuses; consent of prop- 

erty owners necessary before fran- 
chise granted. 

1459.. 1..; application to mayor, etc., before 

route established. 

1460.. 1..; stage route to be disposed of like 

other franchises. 

1461.. 1..; not to be run except in conformity 

with preceding sections. 

1493.. Killing or selling certain birds prohib- 

ited. 

1536. . Retention of office by clerks in public 

employ in territory consolidated. 

1537.. Books, papers, etc., where filed. 

1588. .Proportion of the debt of the* county 
of Queens assumed by The City of 
' New York; power of board of super- 
' visors of said county to bind that 
/ •' part thereof included in The City of 
New Y’ork restricted. 

1589. . Proportion of the debt of the town of 

Hempstead • to be assumed by the 
city; power of town board to bind 
that part thereof included in The 
City of New York restricted. 

1592.. Board of supervisors of Queens County 

not to levy any tax upon that part 
of said county within the city. 

1.593. .Comptroller of state to determine 

amount of county charges of Queens 
County to be borne by that part of 
county within the city. 

1594. .Comptroller of state to determine 

amount of state tax to be paid by 
the part of Queens County within 
the city; how levied and collected. 
1596. .Comptroller of state to apportion 

Queens County school moneys. 

1697.. 5.hool moneys for New York,, Kings 

and Richmond counties to be trans- 
mitted to the city. __ i 


THE SECOND SCHEDULE. 

Sections to Remain in Force I'ntil 
ClianKcd by the Board of Alciermen. 

Section. Title. 

346.. Police board;, licenses for public exhi- 

bitions. • ' I 

347.. 1..; licenses to emigrant boarding- 

houses; bond. 

348. .Id.; . licenses to bookers of emigr.ant 
passengers. 

349. . 1..; licenses to runners; bonds. 

760. . 5.avings; how to be stowed away. 

762.. Lights, precautions against fire and use 

of aisles in places of amusement. 

763. . Gunpowder and’ other explosives; sales 
?• thereof regulated. 

764. . Fireworks and explosive compounds; 

manufacture and sale thereof. 

765. . Petroleum and coal oils, etc.; sale 

thereof. 

766.. 1..; continued. 

768.. Fires and lights on vessels transport- 

ing petroleum. 

769.. 5.orage of certain chemicals regulated. 

770.. 1..; of certain vegetable products, 

773.. Fines and penalties. 

1207.. As to rags, hides and skins. 

1208. .Unsound cotton. 

1209. .Unsound articles, or deposited contrary 

to orders. 

1211. .Penalties for disobedience. 

1212. . 0.fensive trades. 

1213. . Filling in lands. 

1214.. Yards and cellars. . 

1223. . 5.parate receptacles for ashes and gar- 

bage. 

1227.. Driving and slaughtering cattle, sheep, 

swine, pigs or calves regulated. 

1454. . Municipal assembly to regulate driv- 

ing, etc. , - 


Section. Title, ; 

1465. .Law of the road. 

1466. .Rubbish, nails, etc., not to be thrown 

in streets. 


1457. .Processions and paradesj regulation! 

. concerning. . . j ^ 

1462. .Willfully breaking street lin&psV etc. 


1463.. Id.; detaining offender until name as- 
certained. 


1464.. 1..; preceding sections no bar to suit 

by person injured. 

1465.. 1.. ; informer relieved of penalty, etc. 

1466. . Definition of ‘‘street.’’ , . .f 

1472.. Public exhibitions to be licensed. ^ 

1473.. Police depa[rtment grants' license; fee; 

penalty for neglect to obtain license. 


1474.. 1..; commutation of license fee. 

1475.. 1..; fees to be paid over to comptroller. 

1476.. Revocation of license. , 

1477. .Penalty for violating provisions of tbit 
title. 

1478. . Police,, etc., to arrest offenders. 

1479. . Corporation counsel may enjbin exhlbt- 
' tions without license. 

1480. .Preceding sections not applicable to cer« 
tain performances.^ 

1481. . Exhibitions on Sunday prohibited. 

1482.. Minors under' fourteen unaccompanied 

■ by adult not to be admitted to thea- ' 
ters at night. 

1483 . .Prohibition of sale of spirituous liquorg 
and employment of female waiters. 

1484.. Violation of preceding section annuli 

license. 

1486 . . Violation of any provision of the tw* 

- preceding sections a misdemeanor. 

1486 . . Police, etc., to enter places of amuse- 

ment and arrest offenders. 

1487.. Doors and exits to be conspicuously 

numbered; diagrams to b* prtjited •• 
i programme!, , / - 


( I 

lao 


THE CHARTER OP THE CITY OF NEW YORK, 




C 

Proposed Amendment to . Sec. 10 of Article VIII 

of the Constitution. 


Counties, cities and toyms not to give 
or. Joan money or credit; limitation 
‘of indebtedness. 

' Sec. 10. No' county, -city, town or village 
•hall hereafter give any inoney or property, 
or loan its money or ^credit to or In aid of 
any individual, aasociatlon or corporation, or 
become directly ‘or indirectly the owner of 
stock in, or bonds of, any association or cor- 
poration; nor shall any. such county, city, 
town or village- be allowed .to incur any in- 
debtedness except for county,' city, town or 
village purposes. Thi« section shall not pre- 
'vent such county, city, town' or village from 
making such provision for the aid or support 
of its poor as may be authorized tty law. No 
County or city shall 'be allowed 'to 'become in- 
debted for any purpose or in any manner to 
an amount' which, including 'existing indebt- | 
,«dnefis, shall exceed ten per centum of the ' 
Assessed valuation of the real estate of such 
county or city subject to taxation, as it 
appeared by the assessment-rolls of said 
county- or city on the last assessment 
for state or county taxee prior to the 
tocurrlng of such Indebtedness; and ali 


indebtedness in excess of such limitation, 
except such 'as may now dxist, shall be ab- 
solutely void, except as herein otherwise pro- 
vided. No county or city Whose present in- 
debtedness exceeds ten per centum of the 
assessed valuation of its .real estate subject 
to taxation, shall be allowed, to. become in- 
debted In any further amount until such in- 
debtedness shall be reduced within such 
limit. This section shall not be construed to 
prevent the Issuing of certificates of indebt- 
edness or revenue bonds issued in' anticipa- 
tion of the collection of taxes for amounts 
actually contained, or to be contained, in 
the taxes for the year when such certificates 
or revenue bonds are issued and payable out 
of such taxes. Nor shall '‘this section be 
j construed to prevent' the issue of bonds to 
provide for the supply of water; but the 
term of the bonds issued to provide for the 
supply of water shall not exceed twenty 
years, and a sinking fund sball'be created 
I on the issuing of the said bonds for their 
redemption, by raising annually' a sum which 
will produce an amount equal to the sum 
of the principal and interest of said bonds 
at their maturltyr'" All certificates of indebt- 
edness or revenue’ bends issUed in anticipa- 
tion of the collection of taxes 'which are not 
letired within five years after, their date of 


issue, and bonds Issued to provide for the 
supply of water, and any debt hereafter in- 
curred by any portion or part of a city, if 
there shall be any such debt shall be in- 
cluded in ascertaining the power of the city 
to become otherwise indebted; '• exc ept that 
debts incurred by The City of New York 

aft er the first day of January, nineteen hun- 

dred and four, to provide for the supply of 
wat er s h tfV not b e so inc lude d.'. Whenever 

the boundaries of any city are the same as 
those of a county, or when any city shall 
include within its boundaries more than one 
county, the power of any county wholly in- 
cluded within such city to become indebted 
shall cease, but the debt of the county here- 
tofore existing shall' not, for the purposes 
of this section, be reckoned "as a part of the 
city debt. The amount hereafter to be raised 
by tax for county or city purposes, in any 
county containing a city of over one hundred 
thousand inhabitants, or. any such city of 
this state, in addition to providing for the 
principal and interest of existing debt,, shall 
pot in the aggregate exceed in .any one year 
.two per centum of the assessed valuation of 
the rear and personal ^estate of' such county 
or city, to be" ascertained as prescribed in 
this section in reSpeef "to ‘county ' or city 
debt. „ . 





a ■ 




y- 








I 


Jable of Contents. 


t-. 



7. 




Pa*e. . S€c. 
Proposed Conatitutional Amendment.. 166 

THE PROPOSED CHARTER OF THE 

• H. '■ •• 

CITY OF HEW! YORK. 

« . 

CHAPTER I. 

* . • r s 

Boundaries. Boroughs, Powers,; Rights 
and Obligations of the Ciily I 1 

CHAPTER II. , , 

Legislative Department 5 17 

« •• 

: CHAPTER III. 


,, CHARTER XI, 

v-'T.:' -.-A* * » 

Deparl.ment|s wof-^ Water Supply.'* Gas 
and Electricity* Street Clean- 

^ ing and^Brldges 

Title 1. General 'provisions Relat- 


Franchises and Grants of Land Under Water: 
Title 1. Franchises 12 

2. Grants of* land under water. .13 '.e. 


The Executive 


» ' . j 

i CHAPTER IV. 

if 


•i- CHAPTER V; 


13 


71 

: 83 


n 


Ni • * IP • 

The Mayor ‘ 15 ^ , 

■ V 

CHAPTER VI. 

The Department of Finance: 




115 


2. Department of Water-Sup- 

ply, Gas and Electricity... 

3. Department of Street 


4. Department of Bridges 
CHAPTER XII. 


Department of -vParke: ’?■ 

Title 1. The Parks -of the .City 6^ 

2. The Art^ Commission 72 , 

CH.KPTER XIII. 


Page. 

Sec. 

57 


57 

450 

38 ... 

’ 46S 

65 

, 533 

69 ' ^ 

594 


Title L The Gohtrollor 


17 . * 

149 

2. Bonds and obligations 

of 



the city 


20 

169 

3. The Chamberlain ....... 


33 

194 

■ 4.. The^ Sinking Fund 


24 

204 

5. Appropriations and 

the 



Board of Estimate 

and 



Apportionment 


27 

226 

6 . Levying taxes 


32 

248 

CHAPTER VII. 



.. 

Law Departments^ 


32 ‘ 

255 

CHAPTER VIII. 




Title 1. Police -Department 


33 

270 

2. Board of Elections 


45 

366 

CHAPTER IX. 




Borough Officers. Local Board 

and 



Local Improvements: 




Title 3. Borough officers 


45 

382 

2. Bureau of Buildings... 


49 

405 

CHAPTER X. 

■ 

•V 


Public Improvements: 


. •" 


Title 1.’ Board of Public Improve- 





52 

417 

2. Local Boards : 


54 

435 

3. Local Improvements .. 


53 

433 

4. The Map or Plan of 

the 




Department of Public Charities: ^ 
Title 1. Department' of Public Char- 

\ • ' i'ties 

2. Bellevue and Allied Hok- 
pitVls^in the .City of XeV 
York 


73 


‘Or 


CHAPTER XIV. 


Department ‘of Correction 78 


CHAPTER XV. 

Fire Departme_nt:., . - 

Title 1. Organization, duties and 
powers oif officers and men 

2. Fires -and their extinction.. 

3. Prevention of fires, explos- 

ives and combustible ma- 


4. Fite marshals and investi- 

gation of origin of fires.. 

5. Relief fund and pensions.... 

6. Tax upon foreign insurance 

companies 

. ♦ V • ' 

CHAPTER XVI. 

locks. Piers, Harbors, Fort and Wat 
Title 1. Department of Docks and 
Ferries 


City of New York, estab- 
lishing of grades, changes 
therein;. Map of Sewer 
System and Sewer . Dis- 
tricts ^5 


438 


CHAPTER XVH. 

Taxes and Assessments. 

Title 1. Department of Taxes and 
Assessments; powers and 
duties 

2. Assessments for local im- 

provements other than 
those confirmed by a 
court of record 

3. Vacating and modifying as- 

1 , sessments for local im- 

provements other than 
those confirmed by a court 
of record 

4. Opening streets and parks.. 

5. Sales of lands for taxes and 

assessments ' and water 
rates 


98 


108 


104 

105 


111 


I i I . J 

• CI^APTER XVIII. 

• ♦ V . j t •' :* 'ik' • •‘■.V 

Department of Education:^ ^ . 

Title 1. Public schools and (heir 
management 

2. The College' of^the Gity.of 

New York 

3. The Normal College 

v-' ■- ‘ r-,- ’ . I \v - 

4. General provisions 


Page. See. 


115 

.125 

126' 

127 




■y ~ I i. ■ . 

CHAPTER XIX. 


607 

683 


658 


692 


694 


il.C 


82 

720 

85 

74S 

* 

83 

761 

86 ' 

779 

87 

789 


8$ 

• 798 

rs: 

91 

816 

94 

844 

97 

$76 

i 


S84 


942 


958 

l>70 


1,017 


Department of Health’: 

Title"!. POWer-' apd' ( duties-^- of* '-the 
department, ^ Its offices., 

and administration 

■ 2. Marriages, ^ ’ feirths and 
deaths.i. 

3. Duties- .of physlciana and 
others .-.Mr*****-. .......v**.*** 

4., .Legal proceeilings and pun- 
ishment for disobedience 
of orders and ordinances.. 

5’Reimburssment of ex- 

penses ' 

^ 6. 'Abatement by suit.;........ 

-T.'Teiiement ahd'^ "lodging 

houses "7 

' ' S. Pension fund, »* 


' "chapter XX. ' 

Inferior Local Courts: 

Tide 1. The City Court of New York 145 

2. The Municipal Court of the 

City of New York 145 

3. Inferior Courts of criminal 

Jurisdiction 148 

The Marshals 151 

The Interpreters 152 


CHAPTER XXI. 

The Acquisition of Lands and Inter- 
ests Therein for Public Purposes.... 152 

j 

, CHAPTER XXII. 

General Statutes: 

Title 1. Commercial paper during 

epidemic 154 

2. Pharmacists and Druggists. 155 

3. Board of city record 156 

4. General provisions .......... 157 

5. Coroners 181 


1.053 

1,127 
1,139 
1, 151 


127 1, 16T 

134 1.236 

134 1.24T 

135 ' ■ l‘. 257 
137 

IZi* 1.M7 

140 : 1.3'‘4 

144' ■ 1,3Q1 


1.3a 

1.356 

1.396 

1.424 

1,430 


1,4N 


1,499 

I.SIO 

1.526 

1,532 

1*576 


CHAPTER XXIII. 

Provisions Relating to Counties and Repeal Pf#* 
visions: 

Title 1. Provisions relating to coun- 
ties 161 1.577 

2. Repeal provisions 162 1.661 




(D 


BOODYJeliEliIiAN&GO. 

Bankers 


57 Broadcjuay, I'lecu York 

• •.RND-.. 

191 JVIontagae Street. Brooklyn 






members 
HEW YORK STOCK exchange 






Orders Executed for Investment or 
on JVIargin 

Interest Allooued on Deposits 




Capital, . $1,000,000 
Surplus and Undivided 
Prof itS,over $1 ,200.000 


F 


RANKLIN 

Trust CompsLiiy 


GEORGE H. SOUTHARD, . , President 

WM. H. WALLACE, . . . Vice-President 

GATES D. FAHNESTOCK, 

Second Vice -Pres, and Sec. 
CROWELL HADDEN, Jr., Assistant Sec. 


Montague, Cor. Clirvtorv Street, Brooklyn 


Legal Depository for Court Moneys. Interest Allowed on Deposits 

Checks on this Company will be paid through the New York Clearing ^^«use 


A. A. Low 
Edwin Packard 
Darwin R. James 
Wm. H. Wallace 
Joseph E. Brown 


D. H. Hooghtalingf 
Albro J. Newton 
Crowell Hadden 
H. E Pierrepont 
Geo. M. Olcott 


TRUSTEES 

Geo. H. Southard 
Thos. E. Stillman 
Martin Joost 
Geo. M. Coit 
Robt. B. Woodward 


Stewart L. WooJford 
Geo. H. Prentiss 
Clinton L. Rossiter 
Frederick W. Moss 
Henry C. Holbert 


EXECUTIVE COMMITTEE 

Wm. B. Wallace Geo. M. Olcott Robt.^B. Woodward Geo. H. Prentiss 


Geo. H. Southard 


Authorized by law to act as Ex- 
ecutor, Administrator, Trustee, 
Guardian, or Committee, and as 
Registrar or Transfer Agent for 
Corporations or Municipalities. 






) 



0 





t 





r 






f 


» 


i 




#• 

i 



1 



























O vO 


fO* X 




» 

^ / 

o'' : 

: ^o o. , 


« N ,, %. ''' •.''''’ V 


■n*-. 








n s 0 ■ 

’V ^ ° ''^O ■'i^' 

^ ^ « .^OWi^W ^ y. ^ • V 


kV tp. 


<* ’’o O' ,.*'’ ’*^ 

-J cP % 

■< v^ 

\T ‘ ^ 

''* ^•- *' 
0 N « K 

* c^ 

V 


\ .Y- * 

. - o J .V -o ' 

.# “ cP' 


- , h, ^ '^^7. 

W^v /’ „ «-/^ •\' 



-Ai 


’ ^ V co .;V' ** '' o^^«‘ - • ^ S ^ . o s . , ^ ' A 0 - . V^ 


V 


■"bo'' 




•"bo'' 


'•V v^' 




/TA. 






"bo'' 


X°0^ 


"bo'' 




OlV 

vv 'P^ 




-n*. ^ 

"i- 0 o 

^ ‘^ •) vo’ >1^ * 

A> ^\o> ^^* 0 . 

.V^ ^ 'p 


.0 1 


^ , V 

.M*' 






0 N 0 


v> 


O ^ / V '* 

ONC^ '/'* '•«' 




s 

^’ ,0'^ 

.V* 


_c '^ ' '' ^ *0- .0^' ^ 


% 

■‘"y %'"< 

A> t 0 '* <^ « 'b 

* .-r^Sfv O 


A* -A 


■A'' 




C' 


• -CX-x-v ^ ^ *-> 










> 0 , -V^. , s ’ • ^ 

'ii * ^ 

^= .A''' 

I 7 


7/1 


« I ^ 


A \V 



% b>^ 


<" * ^ 0 ft X 

,* ft V 1 

' * 9 

' V 


v 

0^ ^ 


^ "** 0 c. ^ 

^ 0 N O o ^ 

< > . ^ '• * 0 >■ 'C* 

'• % .-m*:"- "% ,/■ 

z ' 


H -n 


-f ^ i. ^ 'T.-f! „ 

* xY"" . 

-A. 

-i A «r) **, 

^ »■''•* '7- ' * ’ 

,a'* . O. 

'>^ a\\ 

'i^\ ^ I -'■Sr, 

xOo^, .A 

0 ■ c. 

' ‘ A*^ > *1^^ 

c.^' f^\V^‘^ /3l * '^V 

S « 1^ '\WW./ >5 </■* - >, 


vV •tx. ' 


c* A 




0_ -V 




O 0 ,. '/^ ^ ♦ ft 




cP>-'r% 


■b V ^ 
V'", 




0’ 




0^ 


X « ft V 0 ^ c . 

a'^ - ^ 

A^ - 

ft 




X®b<. 


b o°\v' 7^7 b, 

!'. 'oo' 


.o< 




♦ » I 


A 




-x'P^' 

^ •> 


« ■'5^ -Wb" V\’ 

- -5-. ci .i{Vv 8P/A =. ^ 


'■ 

^ y *>3- ft 

, ^,"7.0’ ,0^ 

*f ^ CY - ^ * 

.A-^ ^ 


•sb <A 


•x'P^'^^c % 


.A -3 -i-r'^s' .0^ 

c 0 c , 't‘ ' • * ' , > 


fO ' 


o 

* ft 


.0 o 


« A* ^ 

V •. 

<. '* 'O <* ^ 

* -0*^ e ^ ^ 

C* v^ ^jy?7^ 

-oo'' 


0 ft I. 


o. -v 


► 0 


» 1 \ 


A 'T. 


.Oo 


ft ft 






cv 


* « I ^ 




'A 


'U 




</* \ 


^ 0*^ 

- v^ 


0 • t. 


0 


\ • 


•n^ 



' - " ^ -n/- 


- 

o '''>^^^ 

^ \ /' ?'' 

» »\i .rv ^■^oiiw-i. ilk »i y?** * 

■= ■^' b 

- %J 


A" r 




•x 






V -Y- 


X0°y<. 


- .. ^ 
^ j' 'X>3^ « q . 

■ X^^ 



"bo'' 






0 ft 



ft ft 



.» x^ y 

b- " » N 0 ’ V® s ♦ „ ° /- " * « I ' ’ ^ 

^ J^\ >1 v\' ^ 

^ <L^ JVV7\/A c 'if- A' o 

" A'"' 



.b- •^''' 'b ./' "b \ WCb- ■^'^’' ■b, '. ^ 

' V\^ yy " ' 'cP'^^v ' 'V" ,% ' ” ‘ <»"'•. ' .0^', • ‘ ’ ' * % ' ” ’ ' V^ ^ ^ ’V' ' * * 


♦ D N 0 ’ <^0* 

.0 - ^ • 

* X />y ^ ^ ■ 

- ^ C^' ^ . 


V if>. 


o 0 


ml 


x0b<. 

■ rf* 


•^J 


■^oc 




9 \ A 








C' 


A- 


- • . ,v • ■ ' ' • v" : - ••->;* ,v ^ ■ '>; > . . 


r 



^ ♦ ' -P 

A. ^ ^ y, ^ 

^ - ~r Ca' . 


















* -4 


^ 0 K k A o 

■> . 0 •?; 




‘X ^ 

oo^ 


*^. A' •^ - 

^ V = 

“ - , 


,-0‘ v’ 
V ^ 


' • * ' •<'' - V - . , 


< ^ ' 0 ^ V 


'^o o'^ 


J\ 'ZJ 

0 N c 


<s 



.0* 


sSt • ^ 


✓ 

./• 

« 

« 


■^oo'' 




M 

^ Sm 

/ r ^ 2 -, 

mfk > 

* /vtf 


ft 

Va ' 


1r * 

X 

? 





^ * rvO ' o ‘‘*^4^ ' ' rt^ ft i]) ' , 

* ixV 1 '5;'*.^^^ • <5.v ..s ^ • .^v ,/> 


O’ 



* aV 

y ,xv , 

t> ^ ^ C^ ^ V CL' 

». % ^<y 

^ ✓ 

• ^ « 1 *» v- *«• 

» 


* ,V^ •?• ■>>. » 

<v ^ 0 . X ■» ,A .r. ' 

0°'' ^ ^ 
^ ^ ^ r^::] 










.'i'^ %. ° 


- -- 


^^,''r. ^<) r . aV *_ ^ A\'^^. ./ k ^- ^: r > a ' C ' ^ 



'ft . ' \ 

t ° ^ - '^b 



vX* 


/ w '* 'O -Y n M I ’^ *'\ O y V S ,13 

*’ rO^ s*' " c«"««/'b. ** .0^ 

O ^ m^jYTTt^ ^ ^ ^ v^ • _c^^ ^ ^ ^ 

^ JrnuAz^ A' 's r^^A-vv-k. . 

: xo : 

cv /- 

i' .. . . . , . . ^, .. ^ 

O’ 


fca i-5 -i 


•r 
./* 

« 

« , * » 

^O,. ^ »Tr> ' ' '* '>T^ , . , "°y, 

\’ . \rJ 'f ^ A ' ^ ^ / C‘ 



V^ >, ^r, SS 

3^ /A o .<v 


P: 


0 <, V .A 



a \ .- 0 N C a *t' 
jN “s ' 


,0 o 


' C' ^ y^ O » , ^ 

,-'*■'/ ■^''o "*''* v>^ 

>V ^ 





o \0 c^. 



,-^ V '' " ^ 

ri . X ' •''' KJA -' 1 * A y-“x *- 

^ •> N 0 ^ -q ^ 

^ A ' ^ " '■ 

'i^ -VV ^ 


\ a - C ^' ft 

' * * ft * 'J s 0 ’ 

^ \> ^" > ,0 

^ . c . yol ' * * ' ' ,% 

(■^ : 

■ '^'t 




A 


O 0 
-TV 









*- vV > ' L *‘ 

A *0 T * 'Ll * 


* A^’ 

^ -XV ‘ J ^ 


ft . "ft A O y 

\‘X c ^ ^ o 

^ A^ ■" 


. v 

^ ' T ;- ' ’ A ^'’^ ^ ^ '‘ x -^ ''' ^ ^ 

0 ^ . ' " * -V v ''' 

> 0^ v"' /»02-* Y -f* 

■»..x 

,v ^ .-a c. % - . ^ - ,,A- 

X » * , . N 0 ’ ^ X » 0 ^ »»!->* ' ' ” ' -V “ \o’^ r°^h * " ' ^ ' 

■ " \ .. MiMAfb . 'x XV f iC ? *51 

A . r V' vV 

O Xv. 



■ A^ 


^OO 

VV y ' 


^ ’o 

<" -J) 

■f 

•'' *>^ 

x<>=. ; 

. ^ 9 [ \ 

ft yp 

<v. ^ 

® ^ V 

A ^ ^ 

L .^ fK* o 










c> <k. 

* x? ^ 

N '' ' "' 0 » X 

<P' x“'J^% % 


c *. #. ‘^"'O . A * 


..V 



^ -ft. 

^ *.0 

n ’^ 1 ^ ^ '^ c ^ 

c^' _ = ■'^ ,<''r 




'* ft V I fl jp ^ 0 ^^ \ '^ ^0^0^ 'V 

’ .Oo 


<^^\..,s:--^u Sc •••' 

aA t * a 9\ * . '^. 

%y 

A’^ 





\ V » '^ *^ ** X J 

Tt v ^ /y>2^ ^ ^ jA • .. r^^^^v ^ ^ ■'> 



'P. o 

-r ^ V 




• aV 

* 'y 

fc ^ c .* •x 'Z 

.NC/V'' 

A^ ^ ^ ^ 

x® * 

d> 


® ^ 



" 'V ° 

* «i 

X .V ' *, 

s ** \0 y ^ 

S^ ft ^ ‘ ^ ■'-Co 

•^o 0^ : - ^/- 


ft ft 


v''^ ■'"‘"o^ .'*0^ ^c 



’ c “ ^ " * ' \y s'" ii* yy c ° ^ 



’ .'0-' 


vV ^ f Vy ’ 






